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1893 1

IN nenoRY of

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A. M. BOARDMAN and ELLEN D. WILLIAMS

Cornell University Library
KFN5490.A3 1892

General railroad law? ?! .the ,§tate of N^^^

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THE

GENERAL RAILROAD LAWS

OF THE

Stat EOF New York,

INCLUDING THK

General Corporation Law,
THE STOCK CORPORATION LAW,

THE RAILROAD LAW

AND THE

CONDEMNATION LAW,

BEING THE

Laws Relating to Eaileoad Ookpobations, as Eevised by the

Commissioners of Statutoby Eevision, and Enacted by

THE Legislatures of 1890 and 1892, and the

Other Laws Specially Applicable to

Eailboad Corporations.

V,*''','^'^"'^ Compiled by

R. C. GUMMING and MICHAEL DANAHER.
X .

ALBAI?Y:

JAMES B. LYON, PUBLISHEB.

1892.

1892,

BY JAMES B. LYON.

TABLE OF CONTENTS.

PAQE.

Qeneral Corporation Law 3

Repealing schedule of General Corporation Law 20

Stock Corporation Law. .]!. 39

Bailroad Law 50

Condemnation Law 132

General laws relating to railroad corporations 146

Acts governing railroads and their employees in manageinent of road, 182

Bonding of towns, and railroad aid debts 213

Code of Criminal Procedure provisions 219

Penal Code provisions '223

The Bapid Transit Act 243

The Interstate Commerce Act 269

THE GENERAL RAILROAD LAWS.

THE GENERAL CORPORATION LAW.

Laws 1892, Chapteb 687.

An act to amend the general corporation law.

Appkoved by the Governor May 18, 1892. Passed, three-flf ths being present.

The People of the Staieof New York, represented in Senate and Assembly,
do enact as follows: ,

The general corporation law is amended to read as follows, to take
effect immediately :

CHAPTER XXXV OF THE GENERAL LAWS.

The General Coepoeatiom Law.

Section 1. Short title.

2. Olassiflcation of corporations.

3. Definitions.

4. Qualiflcations of incorporators.

5. Filing and recording certificates of incorporation .

6. Corporations of the same name prohibited.

7. Amended and supplemental certificates.

8. Lost or destroyed certificates.

9. Certificate and other papers as evidence.

10. Prohibition of other than statutory powers. /

11. Grant of general powers.

12. Limitation of amount of property of a non-stock corporation.

13. Acquisition of additional real property.

14. Acquisition, of property in other states.

15. Certificate of authority of a foreign corporation.

16. Proof to be filed before granting certificate.

17. Acquisition of real property in this state by certain foreign

corporations.

18. Acquisition by foreign corporations of real property in this

state upon judicial sales.

19. Prohibition of banking powers.

20. Qualification of members as voters.

21. Proxies.

22. Challenges.

23. Effect of faUure to elect directors.

24. Mode of calling special election of directors.

25i Mode of coaducting special election of directors!

4 The Genbbal Cobporation Law.

Section 26. Qualification of voters and canvass of votes at special
elections.

27. Powers of supreme court respecting elections.

28. Stay of proceedings in actions collusively brought.

29. Quorum of directors and power of majority.

30. Directors as trustees in case of dissolution .

31. Forfeiture for non-user.

32. Extension of corporate existence.

33. Conflicting corporate laws.
31. Laws repealed.

35. Saving clause.

36. Construction.

37. Law revived .

Section 1. Short title. — This chapter shall be known as the

general corporation law.

•

§ 2. Classification of corporations. — A corporation shall be
either,

1. A municipal corporation,

2. A stock corporation,

3. A non-stock corporation, or

4. A mixed corporation.

A stock corporation shall be either,

1. A monied corporation,

2. A transportation corporation, or

3. A business corporation.

A non-stock corporation shall be either,

1. A religious corporation, or

2. A membership corporation.

A mixed corporation shall be either,

1. A cemetery corporation,

2. A library corporation,

3. A co-operative corporation,

4. A board of trade corporation, or

5. An agricultural and horticultural corporation.
A transportation corporation shall be either,

1. A railroad corporation, or

2. A transportation corporation other than a railroad corporation.
A membership corporation shall include benevolent orders and fire

and soldiers' monument corporations.

A reference in a general law to a class of corporations described in
accordance with this classification shall include all corporations
theretofore formed belonging to such class.
New.

The Genebal Coepobation Law. 5

§ 3. Definitions. — A municipal corporation includes a county, town
school district, village and city and any other territorial division of
the state established by law with powers of local government.

A stock corporation is a corporation having capital stock divided
into shares.

A mixed corporation is a corporation which may or may not have
capital stock at its option.

A monied corporation is a corporation formed under or subject to
thebanking or the insurance law.

A domestic corporation is a corporation incorporated by or under
the laws of the state or colony of New York. Every corporation,
which is not a domestic corporation, is a foreign corporation.

The term, directors, when used in relation to corporations, shall
include trustees or other persons, by whatever name known, duly
appointed or designated to manage the affairs of the corporation.

The term, certificate of incorporation, shall include articles of asso^
ciation or any other written instruments required by law to be filed,
to effect the incorporation of a corporation, including a certified copy
of an original certificate of incorporation filed for such purpose in
pursuance of law.

The term, member of a corporation, shall include every person
having a right to vote at a meeting of the corporation for the election
of directors, other than a person having a right to vote only upon a
proxy.

The term, office of a corporation, means its principal office within
the state, or principal place of business within the state if it has no
principal office therein. The office of a stock corporation shall be
in the county, town or city in which its business is pincipally
carried on.

The term, business of a corporation, when used with reference to a
non-stock corporation, includes the operations for the conduct of
which it is incorporated.

The term, corporate law or laws, when used in any law forming a
part of the revision of the general laws of the state of which this
chapter is a part, means the general laws of the state relating to cor-
porations included in such revision.
Former section 2, amended.

§ 4. Qualification of incorporators. — A certificate of incorpora-
tion must be executed by natural persons, who must be of full age,
and at least two-thirds of them must be citizens of the United States
and a majority of them residents of this fetate.

6 The General Cobpobation Law.

This section shall not apply to a corporation formed by the re-incor-
poration or consolidation of existing corporations, or to the reorgan-
ization of a corporation upon the sale of the property and franchises
of a previously existing corporation or otherwise.

New. ''

§ 5. Filing and recording certificates of incorporation.—

Every certificate of incorporation and amended or supplemental certi-
ficate hereafter executed, except of a religious, cemetery, monied,
municipal or fire department corporation, shall be filed in the ofSce of
the secretary of state, and shall be by him duly recorded and indexed
in books specially provided therefor; and a certified copy of such cer-
tificate or amended or supplemental certificate with a certificate of
the secretary of state of such filing and record, or a duplicate original
of such certificate or amended or supplemental certificate shall be
filed and similarly recorded and indexed in the office of the clerk of
the county in which the office of the corporation is to be located, or,
if it be a non-stock corporation, and such county be not determined
upon at the time of executing the certificate of incorporation, in such
county clerk's office as the judge approving the certificate shall direct.
All taxes required by law to be paid before or upon incorporation
and the fees for filing and recording such certificate must be paid
before filing. No corporation shall exercise any corporate powers or
privileges until such taxes and fees have been paid.
Former section 3 amended.

§ 6. Corporations of the same name prohibited.— No certifi-
cate of incorporation of a proposed corporation having the same
name as an existing domestic corporation, or a name so nearly
resembling it as to be calculated to deceive, shall be filed or recorded
in any office for the purpose of effecting its incorporation.

A corporation formed by the reincorporation, reorganization or
consolidation of other corporations or upon the sale of the property
or franchises of a corporation, may have the same name as the
corporation or one of the corporations to whose franchises it has
succeeded.

Former section 4 amended.

§ 7. Amended and supplemental certificates.— If in the

original or amended certificate of incorporation of any corporation, or
if in a supplemental certificate of any corporation any informality
exist, or if any such certificate contain any matter not authorized by
law to be stated therein, or if the proof or acknowledgment thereof

The General Oobpobation Law. 7

shall be defective, the corporators or directors of the corporation may
make and file an amended certificate correcting such informality or
defect or striking out such unauthorized matter; and the certificate
amended shall be deemed to be amended accordingly as of the date
such amended certificate was filed, and upon the filing of such an
amended certificate of incorporation, the corporation shall then for
all purposes be deemed to be a corporation from the time of filing
the original certificate.

The supreme court may, upon due cause shown, and proof made,
and upon notice to the attorney-general, and to such other persons as
the court may direct, and upon such terms and conditions as it may
impose, amend any certificate of incorporation which fails to express
the true object and purpose of the corporation, so as to truly set forth
such object and purpose.

When an amended or supplemental certificate is filed, an entry shall
be made upon the margin of the index and record of the original
certificate of the date and place of record of every such amended
certificate.

The amendment of a certificate under this section shall be without
prejudice to any pending action or proceeding, or to any rights pre-
viously accrued.

Former section 5, amended.

§ 8. Lost OF destroyed certificates.— If either of the certifi-
cates of incorporation shall be lost or destroyed after filing, a
certified copy of the other certificate may be filed in the place of the
one so lost or destroyed and as of the date of its original filing, and
such certified copy shall have the same force and effect as the original
certificate had when filed.

Former section 6, without change.

§9. Certificate and other papers as evidence.— The certifi-
cate of incorporation of any corporation duly filed shall be presump-
tive evidence of its incorporation, and any amended certificate or
other paper duly filed relating to the incorporation of any corporation,
or its existence or management, and containing facts required by law
to be stated therein, shall be presumptive evidence of the existence
of such facts.

Former section 7, without change.

§ 10. Proliibition of otlier than statutory powers.— No
corporation shall possess or exercise any corporate powers not

8 The GENEBAii Oobpoeation Law.

expressly given by law or not necessary to the exercise of the powers
so given.

Former section 9, not changed except in phraseology.

§ 11. Grant of general powers.— Every corporation as such
has power, though not specified in the law under which it is
incorporated :

1. To have succession for the period specified in its certificale of
incorporation or by law, and perpetually when no period is specified.

2. To have a common seal, and alter the same at pleasure.

3. To acquire by grant, gift, purchase, devise or bequest, to hold
and to dispose of such property as the purposes of the corporation
shall require, subject to such limitations as may be prescribed by law.

4. To appoint such officers and agents as its business shall require,
and to fix their compensation, and

5. To make by-laws, not inconsistent with any existing law, for the
management of its property, the regulation of its affairs, and the
transfer of its stock, if it has any. Such by-laws may also fix the
amount of stock, which must be represented at meetings of the stock-
holders in order to constitute a quorum, unless otherwise pr<Jvided by
law. By-laws duly adopted at a meeting of the members of the cor-
poration shall control the action of its directors.

No by-law regulating the election of directors or officers shall be
valid unless published for at least two weeks in a newspaper in the
county where the election is to be held, and at least thirty days before
such election.

Subdivisions four and five of this section shall not apply to muni-
cipal corporations.

Former section 8, amended.

§ 12. Limitations of amount of property of a non-stock
corporation. — A corporation not having capital stock may take and
hold property not exceeding in value three million dollars, or the
yearly income derived from which shall not exceed five hundred
thousand dollars, notwithstanding the provisions of any general or
special act heretofore passed or certificate of incorporation affecting
such corporation.

In computing the value of such property, no increase in value
arising otherwise than from improvements made thereon shall be
taken into account.

L. 1890, ch. 497.
New.

The Geneeal Cobpoeation Law. 9

§ 13. Acquisition of additional real property.— When any
corporation shall have sold or conveyed any part of its real property,
the supreme court may, notwithstanding any restriction of a general
or special law, authorize it to purchase and hold from time to time
other real property, upon satisfactory proof that the value of the
property so purchased does not exceed the value of the property so
sold and conveyed within the three years next preceding the
application.

Former section 10, amended.

§ 14. Acquisition of property in other states.— Any domestic
corporation transacting business in other states or foreign countries
may acquire and dispose of such property as shall be requisite for
such corporation in the convenient transaction of its business.
Former section 11, amended.

§ 15. Certificate of authority of a foreign corporation.— No
foreign stock corporation other than a monied corporation, shall do
business in this state without having first procured from the secretary
of state a certificate that it has complied with all the requirements of
law to authorize it to do business in this state, and that the business
of the corporation to be carried on in this state is such as may be law-
fully carried on by a corporation incorporated under the laws of this
state for such or similar business, or, if more than one kind of business,
by two or more corporations so incorporated for such kinds of
business respectively. The secretary of state shall deliver such cer-
tificate to every such corporation so complying with the requirements
of law. No such corporation now doing business in this state shall
do business herein after December 31, 1892, without having procured
such certificate from the secretary of state, but any lawful contract
previously made by the corporation may be performed and enforced
within the state subsequent to such date.

No foreign stock corporation doing business in this state without
such certificate shall maintain any action in this state upon any con-
tract made by it in this state until it shall have procured such
certificate.

New.

§ 16. Proof to be filed before granting certificate.— Before

granting such certificate the secretary of state shall require every
such foreign corporation to file in his office a sworn copy of its charter
or certificate of incorporation, and a statement under its corporate
2

10 The GENER4L Corporation Law.

seal, particularly setting forth the business or objects of the corpora-
tion which it is engaged in carrying on, or which it proposes to carry
on, within the state, and a place within the state which is to be its
principal place of business, and designating, in the manner prescribed
in the code of civil procedure, a person upon whom process against
the corporation may be served within the state.

The person so designated must have an oflSce or place of business at
the place where such corporation is to have its principal place of
business within the state. Such designation shall continue in force
until revoked by an instrument in writing designating in like manner
some other person upon whom process against the corporation may
be served in this state

If the person so designated dies, or removes from the place where
the corporation has its principal place of business within the state,
and the corporation does not within thirty days after such death or
removal, designate in like manner another person upon whom process
against it may be served within the state, the secretary of state may
revoke the authority of the corporation to do business within the state,
and process against the corporation in an action upon any liability
incurred within this state before such revocation may, after such
death or removal and before another designation is made, be served
upon the secretary of state. At the time of such service the plaintiff
shall pay to the secretary of state two dollars, to be included in his
taxable costs and disbursements, and the secretary of state shall
forthwith mail a copy of such notice to such corporation, if its address
or the address of any officer thereof is known to him.
New.

§ 17. Acquisition of real property in this state by certain
foreign corporations. — Any foreign corporation crea.ted under the
laws of the United States, or of any state or territory thereof, and
doing business in this state, may acquire such real property in this
state as may be necessary for its corporate purposes in the transaction
of its business in this state, and convey the same by deed or otherwise
in the same manner as a domestic corporation.
Former section 12, amended.

§ 18. Acquisition by foreign corporations of real property
in this state upon judicial sales. — Any foreign corporation may
purchase at a sale upon the foreclosure of any mortgage held by it,
or upon any judgment or decree for debts due it, or upon any settle-
ment to secure such debts, any real property within this state covered
by or subject to such mortgage, judgment, decree or settlement, and

The General Corporation Law. 11

hold the same for not exceeding fire years from the date of such
purchase, and convey it by deed or otherwise, in the same manner as
a domestic corporation.

Former section 13.

§ 19. Prohibition of banking powers.— No corporation except
a corporation formed under or subject to the banking laws, shall by
any implication or construction be deemed to possess the power of
carrying on the business of discounting bills, notes or other evidences
of debt, of receiving deposits, of buying gold or silver bullion or
foreign coins, or buying and selling bills of exchange, or shall issue
bills, notes or other evidences of debt for circulation as money.

Former section 14.

§ 20. Qualification of members as voters.-- At every election
of directors and meeting of the members of any corporation, every
member who is not in default in the payment of his subscriptions
upon his stock or disqualified by the by-laws, shall be entitled to one
vote, if a non-stock corporation, and, if a stock corporation, to one
vote for every share of stock held by him for ten days immediately
preceding the election or meeting.

Every pledgor of stock standing in his name on the books of the
corporation shall be deemed the owner thereof for the purposes of
this section.

The certificate of incorporation of any stock corporation may pro-
vide that at all elections of directors of such corporation, each stock-
holder shall be entitled to as many votes as shall equal the number of
his shares of stock multiplied by the number of directors to be
elected, and that he may cast all of such votes for a single director
or may distribute them among the number to be voted for, or any
two or more of them as he may see fit, which right, when exercised,
shall be termed cumulative voting. The stockholders of a corpora-
tion heretofore formed, who, by the provisions of laws existing on
April 30, 1891, were entitled to the exercise of such right, may here-
after exercise such right according to the provisions of this section.

No person shall vote or issue a proxy to vote at any meeting of the
stockholders or bondholders, or both, of a stock corporation, upon
any stock or bonds which hav e not been owned by him for at least
ten days next preceding such meeting, notwithstanding such stock or
bonds may stand in his name on the books of the corporation.

No member of a corporation shall sell his vote or issue a proxy to
vote to any person for any sum of money or anything of value.

12 The General Cobpobation Law.

The books and papers containing the record of membership of the
corporation shall be produced at any meeting of its members upon
the request of any member. If the right to vote at any such meeting
shall be challenged, the inspectors of election, or other persons pre-
siding thereat, shall require such books, if they can be had, to be
produced as evidence of the right of the person challenged to vote at
such meeting, and all persons who may appear from such books to
be members of the corporation may vote at such meeting in person
or by proxy, subject to the provisions of this chapter.
Part of section 54 of stock corporation law amended.

§ 21. Proxies. — Every member of a corporation, except a religious
corporation, entitled to vote at any meeting thereof may so vote by
proxy.

No officer, clerk, teller or bookkeeper of a corporation formed
under or subject to the banking law shall act as proxy for any
stockholder at any meeting of any such corporation.

Every proxy must be executed in writing by the member himself,
or by his duly authorized attorney. No proxy hereafter made shall
be valid after the expiration of eleven months from the date of its
execution unless the member executing it shall have specified therein
the length of time it is to continue in force, which shall be for some
limited period. Every proxy shall be revokable at the pleasure of
the person executing it; but a corporation having no capital stock
may prescribe in its by-laws the persons who may act as proxies for
members, and the length of time for which proxies may be executed.
Part of section 54 of stock corporation law amended.

§ 22. Challeng'es. — Every member of a corporation offering to
vote at any election or meeting of the corporation shall, if required
by an inspector of election or other officer presiding at such election
or meeting, or by any other member present, take and subscribe the
following oath: "I do solemnly swear that in voting at this election I
have not, either directly, indirectly or impliedly, received any
promise or any sum of money, or anything of value to influence the
giving of my vote or votes at this meeting or as a consideration
therefor."

If it is a stock corporation, the oath so taken and subscribed shall
contain the following additional provision: "That I have not sold or
otherwise disposed of my interest in or title to any shares of stock or
bonds in respect to which I offer to vote at this election, but that all
such shares or bonds are still owned by me."

The Genebal Cobpobation Law. 13

Any person offering to vote as proxy for any other person shall
present his proxy and, if so required, take and subscribe the following
oath:

"I do solemnly swear that I have not, either directly, indirectly or
impliedly, given any promise or any sum of money or anything of
value to induce the giving of a proxy to me to vote at this election,
or received any promise or any sum of money or anything of value to
influence the giving of my vote at this meeting, or as a consideration
therefor."

If a stock corporation, the oath so taken and subscribed shall con-
tain the following additional provision :

"And that the title to the stocks and bonds upon which I now offer
to vote is, to the best of my knowledge and belief, truly and in good
faith vested in the persons in whose names they now stand."

The inspectors or persons presiding at the election may administer
such oath, and all such oaths and proxies shall be filed in the office of
the corporation.

Part of section 54 of stock corporation law amended.

§ 23. EfiFect of failure to elect directors. — If the directors
shall not be elected on the day designated in the by-laws, or by law,
the corporation shall not for that reason be dissolved; but every
director shall continue to hold his office and discharge his duties
until his successor has been elected.

Former section 18.

§ 24. Mode of calling special election of directors.— If the
election has not been held on the day so designated, the directors
shall forthwith call a meeting of the members of the corporation for
the purpose of electing directors, of which meeting notice shall be
given in the same manner as of the annual meeting for the election of
directors.

If such meeting shall not be so called within one month, or, if held,
shall result in a failure to elect directors, any member of the corpo-
ration may call a meeting for the purpose of electing directors by
publishing a notice of the time and place of holding such meeting
at least once in each week for two successive weeks immediately pre-
ceding the election, in a newspaper published in the county where the
election is to be held and in such other manner as may be preiciibed
in the by-laws for the publication of notice of the annual meeting,
and by serving upon each member, either personally or by mail.

14 The General Corpobation Law.

directed to him at his last known post-oface address, a copy of such
notice at least two weeks before the meeting.

Transferred from stock corporation law, §§ 53, 54 and 55.

§ 25. Mode of conducting special election of directors.—

Such meeting shall be held at the office of the corporation, or if it
has none, at the place in this state where its principal business has
been transacted, or if access to such office or place is denied or can
not be had, at some other place in the city, village or town where
such office or place is or was located.

At such meeting the members attending shall constitute a quorum.
They may elect inspectors of election and directors and adopt by-laws
providing for future annual meetings and election of directors, if the
corporation has no such by-laws, and transact any other business
which may be transacted at an annual meeting of the members of the
corporation.
Id.

§ 26. Qualifications of voters and canvass of votes at special
elections. — In the absence at such meeting of the books of the
corporation showing who are members thereof, each person, before
voting, shall present his sworn statement setting forth that he is a
member of the corporation; and if a stock corporation, the number
of shares of stock owned by him and standing in his name on the
books of the corporation, and, if known to him., the whole number of
shares of stock of the corporation outstanding. On filing such state-
ment, he may vote as a member of the corporation; and if a stock
corporation, he may vote on the shares of stock appearing in such
statement to be owned by him and standing in his name on the books
of the corporation.

The inspectors shall return and file such statements, with a certifi-
cate of the result of the election, verified by them, in the office of the
clerk of the county in which such election is held, and the person so
elected shall be the directors of the corporation.
Id.

§ 27. Powers of supreme court respecting elections.— The
supreme court shall, upon the application of any person or corpora-
tion aggrieved by or complaining of any election of any corporation,
or any proceeding, act or matter touching the same, upon notice
thereof to the adverse party, or to those to be affected thereby, forth-

The Genebal Cobpoeation Law. 15

with and in a summary way, hear the aj^dayits, proofs and allegation s
of the parties, or otherwise inquire into the matters or causes of com-
plaint, and establish the election or order a new election, or make such
order and give such relief as right and justice may require.
Former section 15.

§ 28. Stay of proceeding's in actions, collusively brought —
If an action is brought against a corporation by the procurement or
default of its directors, or any of them, to enforce any claim or obliga-
tion declared void by law, or to which the corporation has a valid
defense, and such action is in the interest or for the benefit of any
director, and the corporation has by his connivance made default in
such action, or consented to the validity of such claim or obligation, any
member of the corporation may apply to the supreme court, upon affi-
davit, setting forth the facts, for a stay of proceedings in such action
and on proof of the facts in such further manner and upon such notice
as the court may direct, it may stay such proceedings or set aside and
vacate the same, or grant such other relief as may seem proper, and
which will not injuriously affect an innocent party, who, without notice
of such wrongdoing and for a valuable consideration, has acquired
rights under such proceedings.
Former section 16, amended.

§ 29. Quorum of directors and powers of majority.— The
affairs of every corporation shall be managed by its board of directors
at least two of whom shall be residents of this state. Unless other-
wise provided by law a majority of the board of directors of a corpo-
ration at a meeting duly assembled shall be necessary to constitute a
quorum for the transaction of business, and the act of a majority of
the directors present at a meeting at which a quorum is present shall
be the act of the board of directors. Subject to the by-laws, if any,
adopted by the members of a corporation, the directors may make
necessary by-laws of the corporation.

Former section 17, amended.

§ 30. Directors as trustees in case of dissolution.— Upon
the dissolution of any corporation, its directors, unless other persons
shall be appointed by the legislature, or by some court of competent juris-
diction, shall be the trustees of its creditors, stockholders or members,
and shall have full power to settle its affairs, collect and pay outstand-
ing debts, and divide among the persons entitled thereto the money

16 The Genebal Cobpoeation Law.

and other property remaining after payment of debts and necessary
expenses.

Such trustees shall have authority to sue for and recover the debts
and property of the corporation, by their name as such trustees, and
shall jointly and severally be personally liable to its creditors, stock-
holders or members, to the aatent of its property and effects that
shall come into their hands.

Former sections 19 and 20 consolidated.

§ 31. Forfeiture for non-user.— If any corporation, except a
railroad, turnpike, plank-road or' bridge corporation, shall not organize
and commence the transaction of its business or undertake the dis-
charge of its corporate duties within two years from the date of its
incorporation, its corporate powers shall cease.
Former section 21 .

§ 32. Extension of corporate existence.— Any domestic cor-
poration at any time within three years before the expiration thereof,
may extend the term of its existence beyond the time specified in its
original certificate of incorporation, or by law, or in any certificate of
extension of corporate existence, by the consent of the stockholders
owning two-thirds in amount of its capital stock, if not a stock
corporation, by the consent of two-thirds of its members, in and
by a certificate signed and acknowledged by them and filed in tht
offices in which the original certificates of its incorporation were
filed, if at all, and, if not, then in the offices where certificates of
incorporation are now required by law to be filed, and the officers
with whom the same may be filed shall thereupon record them in the
books kept in their respective offices for the record of such certifi-
cates, and make a memorandum of such record in the margin of the
original certificate in such book, if any, and thereupon the time of
existence of such corporation shall be extended, as designated in such
certificate, for a term not exceeding the term for which it was incor-
porated in the first instance. If the term of existence of any domes-
tic corporation shall have expired and it shall be made satisfactorily
to appear to the supreme court that such corporation was legally
organized pursuant to any law of this state, and that through mistake
it shall have issued its bonds payable at a date beyond the date fixed
in its charter or certificate of incorporation for the expiration of its
corporate existence, and such bonds shall be unmatured and unpaid,
the supreme court may, upon the application of any person interested

The Oenebal Oobpokation Law. " 17

and upon such notice to such other parties as the court may require,
by order, authorize the filing and recording of a certificate reviving
the existence of such corporation, upon such conditions and with
such limitations as such order shall specify, and extending such cor-
porate existence for a term not exceeding the term for which it was
originally incorporated. Upon filing and recording such certificate
in the same manner as certificates of extension of corporate existence
duly issued before the expiration of the existence of a domestic cor-
poration is authorized by law to be filed and recorded, such corpo-
rate existence shall be revived and extended in pursuance of the
terms of such order, but such revival and extension shall not affect
any litigation commenced after such expiration and pending at the
time of such revival.

If a corporation formed under or subject to the banking law, such
certificate shall not be filed or recorded unless it shall have indorsed
thereon the written approval of the superintendent of banks; or, if
an insurance corporation, unless it shall have indorsed thereon the
written approval of the superintendent of insurance; and, if a turn-
pike or bridge corporation, it shall not be filed unless it shall have
indorsed thereon or annexed thereto a certified copy of a resolution of
the board of supervisors of each county in which such turnpike or
bridge is located, approving of and authorizing such extension.

Every corporation extending its corporate existence under this
chapter or under any general law of the state shall thereafter be sub-
ject to the provisions of this chapter and of such general law, not-
withstanding any special provisions in its charter, and shall thereafter
be deemed to be incorporated under the general laws of the state
relating to the incorporation of a corporation for the purpose of carry-
ing on the business in which it is engaged, and shall be subject to
the provisions of such laws.
Former section 22, amended.

§33. Conflicting: corporate laws.— If in any corporate law
there is or shall be any provision in conflict with any provisions of
this chapter or of the stock corporation law, the provisions so con-
flicting shall prevail, and the provision of this chapter or of the stock
corporation law with which it conflicts shall not apply in such a case.
If in any such law there is or shall be a provision relating to a matter
embraced in this chapter or in the stock corporation law, but not in
conflict with it, such provision in such other law shall be deemed to be
3

18 The Genebal Cobpobatiqji Law.

in addition to the proviBion in this chapter or in the stock corpora-
tion law relating to the same Bubject-matter, and both provisions shall
in such case, be applicable.
New.

§34. Laws repealed.— Of the laws enumerated in the schedule
hereto annexed, that portion specified in the last column is repealed.
Such repeal shall not revive a law repealed by any law hereby
repealed, but shall include all laws amendatory of the laws hereby
repealed.

Former section 23.

§ 35. Saving clause.— The repeal of a law or any part of it speci-
fied in the annexed schedule shall not affect or impair any act done,
or right accruing, accrued or acquired, or liability, penalty, forfeiture
or punishment incurred prior to May 1, 1891, under or by virtue of
any law so repealed, but the same may be asserted, enforced, prose-
cuted or inflicted, aa fully and to the same extent as if such law had
not been repealed. All actions and proceedings, civil or criminal,
commenced under or by virtue of the laws so repealed, and pending
on April 30, 1891, may be prosecuted and defended to final effect in
the same manner as they might under the laws then existing, unless
it shall be otherwise specially provided by law.
Former section 24.

§ 36. Construction. — The provisions of this chapter, and of the
stock corporation law, the railroad law, the transportation corpora-
tions law, and the business corporations law, so far as they are sub-
stantially the same as those of laws existing on April 30, 1891, shall
be construed as a continuation of such laws modified or amended
according to the language employed in this chapter, or in the stock
corporation law, the railroad law, the transportation corporations law,
or the business corporations law, and not as new enactments.

References in laws not repealed to provisions of laws incorporated
into the general laws hereinbefore enumerated and repealed, shall be
construed as applying to the provisions so incorporated.

Nothing in this chapter or in the other general laws hereinbefore
specified shall be construed to amend or repeal any provision of the
criminal or penal code or to impair any right or liability which any
existing corporation, its officers, directors, stockholders or creditors
may have or be subject to or which any such eorporationj other than

The General Coepobation Law. 19

a railroad corporation, had or was subject to on April 30, 1891, by
virtue of any special act of the legislature creating such corporation
or creating or defining any such right or liability, unless such special
act is repealed by this chapter.

Former section 25, amended.

§ 37. Law revived. — Chapter three hundred of the laws of eighteen
hundred and fifty-five, entitled " An act to incorporate the Baptist
Historical Society of the city of New York," which was inadvertently
repealed by the transportation corporations law, is revived and
re-enacted, and shall be of the same force and effect as if it had not
been repealed.

The GENERAii Coepobation Law.

Schedule of Laws Repealed.

REVISED STATUTES.

Part I, chapter 18.

All.

Laws ol

Chapter

SECTIONS.

1811

All.

1815 . , .

All.

1815

202

All.

1816

223

All.

1817

All.

1818 .

102

213

All.

1819

1821

All.
All.

1822

All.

1836

284

All.

1836

316

160

All.

1838

All.

1838

161

All.

1838

262

All.

1839

218

165

All.

1842

All.

155

215

100

All.

1846

17 18

3, 4

1847

210

222

All

All.

1847

270

All

272 . .

All

1847

287

All

398

All

1847

404

All.

405

37....'

All

1848...'.;

All

1848

All

1848

259

All

1848

All.

1848

265

360

All

1848

All.

1849

250

All.

1849

362

All.

1850

All

1850

140

All.

1851

All

1851

All

107

All

1851

487

All

1851.... Jii

497....;......,..

AIL

The Genesal Cobpobation Law.
Schedule of Laws Bepeaxed — {Goniimied).

Laws ol

Chapter

SECTIONS.

1852

228

All.

1852

372

All.

1853

An.

1853

117

All.

1853

124

All.

1853

135

AIL

1853

245

All.

1853

333

All.

1853

471

1. 2, 4.

1853 ,

481

All.

1853 s . .

502

All.

1853

626

All.

1854

All.

1854

All.

1854

140

All.

1854

201

All.

1854

232.....

All.

1854

269

All.

1854

282

AU.

1854

312

All.

1855

301

302

All.

1855

All.

1855

390

All.

1855

478

All.

1855

485

All.

1855

495

546

All.

1855

All.

1855 ...

559

All.

1856

1857

All.
All.

1857

All.

1857

IQKT

185

All.

202

All.

1QK7

262

AU.

iaR7

444

All.

10K7

546

All.

1QK7

558

All.

1QK7

643

All.

1QK7

776

All.

iRna .....

All.

IQKQ

125

All.

1 QRQ

209

All.

1 QRQ

311

All.

1 CCQ

455

All. •

'l aflrt

116

All.

1 Qon

269

All.

1860

523

All.

The Genebal Coepobation Law.
SoHBDTJLE OF Laws EsPKiLED — (Continued).

Laws of

1861.

1862.

1863.

1864.

1865.

1866.

1867.

1867.,

1867.

1867.,

1867 . .

1868 . ,

1868.,

1869..

Chapter

149.
170.
215.
238.
205.
248.
425.
438.
449.
472.

63.
134.
346.

85.
337.
517.
582.
234.
246
307.
691.
780.

73.
259.
322.
371
697.
780.
799.
838.

12.

49.
248.
254.
419.
480.
509.
775.
906
937.
960.
974.
253.
290.
573.
781.
234.

SECTIONS.

All.

The Genebal Cobpoeation Law.
SoHBDtJLE OF Laws REPEALED — {Continued).

Laws of

1869..

1869 . .

1869.,

1869 . ,

1869 .

1870.

1870

1870.

1871.

1872.

1872

1872.

1872 .

1872.

1872

1872,

1872

1872.

1873.

1873,

1873.

1874.

Chapter

237..
605..
706..
844..
917..
124..
135 .
322..
443..
568..
773 .

95.,
481.,
535.,
560.,
657.
669,,
697.
883.

81.
128.
146.
248.
283.
350.
374.
426.
609.
611.
779.
780.
820.
829.
843.
151.
352.
432.
440.
469.
616.
710.
737.
814.

76.
143.
149.
240.

SECTIONS.

All.

AU.

All.

All, except 20.

All.

24 The Genebal Corporation Law.

Schedule of Laws Repealed — {Continued),

Laws of

1874.

1875.

1875

1875.

1876.

1876 .

1876.

1876..

1876 , .

1876..
1876..
1877..
1877..
1877..
1877..
1877..
1877..
1877..
1878..
1878..
1878..
1878..
1878..
1878..
1878..
1878..
1878..
1878..
1879..

Chapter

SECTIONS.

288

430

All.
All.

All.

108

All.

113

All.

119

All.

120 ...

159

193

All.
All.
All.

256

All.

819

All.

365

All.

445

All.

510

All.

586

All.

698

All

606

All

611

All.

185

All.

198

All.

280

All.

358

All

373...

All

415

435

All.
All.

446

All.

108

All

158

All.

164

171

All.
AIL

224

All

266

All

374

All

121

All.
All.

163

203

All.
All.

210

All

261

264

316

All.
All.
All

334

All

394

All

214

AIL

The General Coepobation Law.
Schedule of Laws Eepealed — {Gordinued).

Laws of

1879..
1879..
■1879..
1879..
1879..
1879 . .
1879..
1879..

1879 .
1879..
1879..
1879..
1879..
1879..
1880 . .
1880..
1880..
1880..
1880..
1880..
1880..
1880 . .
1880..
1880 . .
1880 . .
1880.,
1880.,
1880.,
1880.,
1880.,
1880.,

1880 .
1880.,
1880 . ,
1880.,
1880.,
1880.,
1880 ,
1881 . ,
1881 .
1881 .
1881.,
1881
1881.
1881.
1881.
1881.

Chapter

253..
290..
293..
350..
377.,
393.-
395.
.413.
415.
441.
503.
505.
512.
541.
5.

85.

90.

94.
113.
133.
155.
182.
187.
223.
225.
241.
254.
263.
267.
349.
415.
417.
484.
510.
575.
582.
583.
585.

22.

58.

77.
117.
148.
213.
232.
295.
296.

BECTIONS.

All.

All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All-
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.

26 The Genebal Cobpobation Law.

SoEEDULE OP Laws Repealed — (Gontinued).

Laws of

1881

1881.

1882.

1882 .

1883.,

1883..

1883 . .

1883..

1883,.

1883..

Chapter

311.

313.

321.

337.

338.

351.

399.

422.

464.

468.

470.

472.

485.

551.

589.

649.

650.

674.

685.
73.
82.

140.

273.

289

290.

306.

309.
349.
353.
393.
405.

46.

71.,
102.,
216..
232..
237..
238..
240..
287..
323..
361..
381..
382..
384..
386..
387..

SECTIONS.

All.

A.11.

All.

All.
All.
All.

All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
AIL

The Genebal Ooepobation La.w. 27

Schedule op La.ws Repealed — {Gontinued).

Laws of

Chapter

SECTIONS.

1883

388

All

1883

409

All

1883

482

All

1888

483

All.

1883

497

All.

1884

140

All.

1884

193

All.

] 884

208

All.

1884

223

All.

1884

252

All.

1884

267

367

All.

1884

386

All.

397

All.

1884

421

422

All.

1884

439

All.

441

All.

] 884

444

All.

1885

127

All.

141

All.

1885

153

All.

171

All.

1885 .

305

All.

369

All.

1885

422

423

489

498

All.

1885

All.
All.

All.

1885 . .

535

All.

540

All.

1885

549

All.

1886

182

All.

271

All.

1886

321

322

All.

i»a«

403

All.

415

509

All.

IfiSfi

All.

551

All.

IQQfl

579

All.

586

592

All.

1 CQC

All.

601

All.

1 OQf!

605

All.

1886

634

All.

The General Corporation Law.

Schedule of Laws Repealed — (Gonoluded).

Laws of

1886.

1887.

1888.

1889.

1889 .

1889 . ,

1889.,

1889..

1889..
1889..
1889..
1889.,
1889..
1889..
1890..
1890..
1890 . .
1890..
1890..
1890..
1890..
1890..
1890..
1890..
1890..
1890..
1891..
1891..
1892..

Chapter

642.
450.
486.
536.
570.
616.
622.
724.
189.
306.
318.
359.
394.
447.
462.
513.
514.
549.
560.

57.

76.

78.
236.
242.
281.
332.
369.
426.,
519.,
524..
531.
532.,
564.,

23..

98..
119..
193..
292..
416..
421..
483..
497..
505..
508..
543..

57..
287..

2..

SECTIONS.

All.

THE STOCK CORPORATION LAW.

Laws 1892, Chapter 688.

An act to amend the stock corporation law.

Approved by the Governor, May 18, 1892. Passed, three-fifths being present.
The People of the Stale of New York, represented in Senate and Assem-
bly, do enact as follows:

The stock corporation law is amended to read as follows, to take
e£Eect immediately:

CHAPTEE XXXVI OF THE GENERAL LAWS.

The Stock Corporation Law.
Article 1. General powers ; reorganization (§§ 1-7).

2. Directors and officers; their election, duties and liabilities

(§§ 20-32J.

3. Stock ; stockholders, their rights and liabilities (§§ 40-55).

ARTICLE L

General Powers; Reorganization.
Section 1. Short title, and application of chapter.

2. Power to borrow money and mortgage property.

3. Beorganization upon sale of corporate property and franchises.

4. Contents of plan or agreement.

5. Sale of property; possession of receiver and suits against him

6. Assent of stockholders to plan of readjustment.

7. Combinations prohibited.

Section 1. Short title and application of chapter.— This
chapter shall be known as the stock corporation law, but article one
shall not apply to monied corporations.
Former section one amended.

§ 2. Power to borrow money and mortgage property.—
In addition to the powers conferred by the general corporation law,
every stock corporation shall have power to borrow money or contract
debts, when necessary for the transaction of its business, or for the
exercise of its corporate rights, privileges or franchises, or for any
other lawful purpose of its incorporation; and may issue and dispose

bO The Stock Cobpobation Law.

of its obligations for any amount so borrowed, and may mortgage its
property and franchises to secure the payment of such obligations or
of any debt contracted for the purposes herein specified; and the
amount of the obligations issued and outstanding at any one time
secured by such mortgages, excepting mortgages given as a considera-
tion for the purchase of real estate, and mortgages authorized by con-
tracts made prior to May 1, 1891, shall not exceed the amount of its
paid up capital stock, or an amount equal to two thirds of the value of
its corporate property at the time of issuing the obligations secured by
such mortgages, in case such two-thirds value shall be more than the
amount of such paid up capital stock. No such mortgages, except
purchase-money mortgages shall be issued without the consent of the
stockholders owning at least two-thirds of the stock of the corporation,
which consent shall be in writing and shall be filed and recorded in
the office of the clerk or register of the county where it has its
principal place of business, or shall be given by vote at a special
meeting of the stockholders called for that purpose; and a certificate
of the vote at such meeting, signed and sworn to by the chairman
and secretary of such meeting, shall be filed and recorded as afore-
said. When authorized by such consent, the directors, under such
regulations as they may adopt, may confer on the holder of any debt
or obligation secured by such mortgage the right to convert the
principal thereof, after two and not more than twelve years from the
date of the mortgage, into stock of the corporation; and if the capital
stock shall not be sufficient to meet the conversion when made, the
stockholders shall, in the manner herein provided, authorize an
increase of capital stock sufficient for that purpose.

Former section 2, amended. But see L. 1892, ch. 337, post p. 48.

§ 3. Reorganization upon sale of corporate property and
franchises. — When the property and franchises of any domestic
stock corporation shall be sold by virtue of a mortgage or deed of
trust, duly executed by it, or pursuant to the judgment or decree of
a court of competent jurisdiction, or by virtue of any execution issued
thereon, and the purchaser at such sale shall acquire title to the same
in the manner prescribed by law, he may associate with him any number
of persons, not less than the number required by law for the incorpo-
ration of such corporation, a majority of whom shall be citizens and
residents of this state, and they may become a corporation, and take
and poBsess the property and franchises thus sold, and which were at
the time of sale possessed by the corporation whose property shall
have been so sold, upon making, acknowledging and filing in the

The Stock Cobpoeation Law. 31

offices where certificates of incorporation are required by law to be
filed, a certificate in which they shall describe by name and reference
to the law under which it was organized, the corporation -whose
property and franchises they have acquired, and the court by whose
authority the sale had been made, with the date of the judgment or
decree authorizing or directing the same, and a brief description of
the property sold, and also the following particulars:

1. The name of the new corporation intended to be formed by the
filing of such certificate.

2. The maximum amount of its capital stock and the number of
shares into which it is to be d,ivided, specifying the classes thereof,
whether common or preferred, and the amount of and rights pertain-
ing to each class.

3. The number of directors, not less nor more than the number
required by law for the old corporation, who shall manage the affairs
of the new corporation, and the names and post-office addresses of the
directors for the first year.

4. Any plan or agreement which may have been entered into at or
previous to the time of sale, in anticipation of the formation of the
new corporation, and pursuant to which such purchase was made.
Such corporation shall be vested with and be entitled to exercise and
enjoy all the rights, privileges and franchises, which at the time of
such sale belonged to, or were vested in the corporation, last owning
the property sold, or its receiver, and shall be subject to all the pro-
visions, duties and liabilities imposed by law on such corporations.

Former section 3, without change.

§ 4. Contents of plan or agreement. — At or previous to the
sale the purchasers thereat, or the persons for whom the purchase is
to be made, may enter into a plan or agreement, for or in anticipation
of the readjustment of the respective interests therein of the mortgage
creditors and stockholders of the corporation owning such property
and franchises at the time of sale, and foi' the representation of
such interests of creditors and stockholders in the bonds or stock
of the new corporation to be formed, and may therein regulate
voting by the holders of the preferred and common stock at any
meeting of the stockholders, and by the holders and owners of any
or all of the bonds of the corporation foreclosed, or of the bonds
issued or to be issued by the new corporation, and such right of
voting by bondholders shall be exercised in such manner, for such
period, and upon such conditions, as shall be therein described. Such
plan or agreement must contain suitable provision for the bond-
holders voting by proxy, and must not be inconsistent with the laws

32 The Stock Cobpoeation Law.

of the state and shall be binding upon the corporation, until changed
as therein provided, or as otherwise provided by law. The new
corporation when duly organized, pursuant to such plan or agree-
ment and to the provisions of law, may issue its bonds and stock in
conformity with the provisions of such plan or agreement, and may
at any time within six months after its organization, compromise,
settle or assume the payment of any debt, claim or liability of the
former corporation upon such terms as may be lawfully approved by
a majority of the agents or trustees intrusted with the carrying out
of the plan or agreement of reorganization, and may establish prefer-
ences in respect to the payment of dividends in favor of any portion
of its capital stock and may divide its stock into classes, but the
capital stock of the new corporation shall not exceed in the aggregate,
the maximum amount of stock mentioned in the certificate of incor-
poration, nor shall the bonds issued by it exceed in the aggregate
the amount which a corporation is authorized by the provisions of
this article to issue.

Former section 4, without change.

§ 5. Sale of property ; possession of receiver and suits
against him. — The supreme court may direct a sale of the whole
property, rights and franchises covered by the mortgage or mortgages,
or deeds of trust foreclosed at any one time and place to be named in the
judgment or order, either in case of the non-payment of interest only, or
of both the principal and interest due and unpaid and secured by any
such mortgage or mortgages or deeds of trust. Neither the sale nor
the formation of the new corporation shall interfere with the authority
or possession of any receiver of such property and franchises, but he
shall remain liable to be removed or discharged at such time as the
court may deem proper. No suit or proceeding shall be commenced
against such receiver unless founded on willful misconduct or fraud
in his trust after the expiration of sixty days from the time of his
discharge; but after the expiration of sixty days the new corporation
shall be liable in any action that may be commenced against it, and
founded on any act or omission of such receiver for which he may not
be sued, and to the same extent as the receiver, but for this section
would be or remain liable, or to the same extent that the new corpo-
ration would be had it done or omitted the acts complained of.
Former section 5, without change.

§ 6. Stockholders may assent to plan of readjustment.—

Every stockholder in any corporation, the franchises and property
whereof shall have been thus sold, may assent to the plan of readjust-

The Stock Coepobation Law. . 33

meut aud reorganization of interests pursuant to which such franchises
and property shall have been purchased at any time within six months
after the organization of the new corporation, and by complying with
the terms and conditions of such plan become entitled to his pro rata
benefits therein. The commissioners, corporate authorities or proper
officers of any city, town or village, who may hold stock in any corpo-
ration, the property and franchises whereof shall be liable to be sold,
may assent to any plan or agreement of reorganization which law-
fully provides for the formation of a new corporation, and the issue
of stock therein to the proper authorities or officers of such
cities, towns or villages in exchange for the stock of the old
or former corporation by them respectively held. And such
^commissioners, corporate authorities or other proper officers
may assign, transfer or surrender the stock so held by them in the
manner required by such plan, and accept in lieu thereof the stock
issued by such new corporation in conformity therewith.
Former section 6, amended.

§ 7. Combinations prohibited. — No stock corporation shall
combine with any other corporation or person for the creation of
a monopoly or the unlawful restraint of trade or for the prevention
of competition in any necessary of life.
Former section 7, amended.

AKTICLE II.

DiEECTOES AND OfFICEES; THEIE ELECTION, DUTIES AND LIABILITIES.

Section 20. Directors.

21. Change of number of directors.

22. When acts of directors void.

23. Liability of directors for making unauthorized dividends.

24. Liability of directors for contracting unauthorized debts and

over-issue of bonds.

25. Liability of directors for loans to stockholders.

26. Transfers of stock by stockholders indebted to corporation. ,

27. Officers.

28. Inspectors and their oath .

29. Books to be kept.

30. Annual report.

31. Liability of officers for false certificates, reports or public

notices.

32. Alteration or extension of business.

§ 20. Directors. — The directors of every stock corporation shall
be chosen from the stockholders at the time and place fixed by the
5

34 The Stock Corporation Law.

by-laws of the corporation by a plurality of the votes of the stock-
holders voting at such election. Vacancies in the board of directors
shall be filled in the manner prescribed in the by-laws, and if a director
shall cease to be a stockholder his office shall become vacant. Notice
of the time and place of holding any election of directors shall be
given by publication thereof, at least once in each week for two suc-
cessive weeks immediately preceding such election, in a newspaper
published in the county where such election is to be held, and in such
other manner as may be prescribed in the by-laws. Policy holders of
an insurance corporation shall be eligible to election as directors.
At least one-fourth in number of the directors of every stock corpora-
tion shall be elected annually.
Former section 20, amended.

§21. Change of number of directors.— The number of
directors of any stock corporation may be increased or reduced, but
not above the maximum nor below the minimum number prescribed
by law, when the stockholders owning a majority of the stock of the
corporation shall so determine, at a meeting to be held at the usual
place of meeting of the directors, on two weeks' notice in writing
to each stockholder of record. Such notice shall be served per-
sonally or by mail, directed to each stockholder at his last known
post-office address. Proof of the service of such notice shall be filed
in the office of the corporation at or before the time of such meeting.
The proceedings of such meeting shall be entered in the minutes of
the corporation and a transcript thereof, verified by the president and
secretary of the meeting shall be filed in the offices where the original
certificates of incorporation were filed. If a corporation formed
under or subject to the banking law, the consent of the superinten-
dent of banks, and if an insurance corporation, the consent of the
superintendent of insurance, shall be first obtained to such increase
or reduction of the number of directors.
Former section 21, amended.

§ 22. When acts of directors void. — When the directors of
any corporation for the first year of its corporate existence shall hold
over and continue to be directors after the first year, because of their
neglect or refusal to adopt the by-laws required to enable the stock-
holders to hold the annual election for directors, all their acts and
proceedings while so holding over, done for and in the name of the
corporation, designed to charge upon it any liability or obligation for
the services of any such director, or any officer, or attorney or counsel

The Stock Cobpobation Law. 35

appointed by them, and every such liability or obligation shall be held
to be fraudulent and void.

Former section -22, without change.

§ 23. Liability of directors for making unauthorized
dividends. — The directors of a stock corporation shall not make
dividends, except from the surplus profits arising from the business
of such corporation ; nor divide, withdraw or in any way pay to the
stockholders, or any of them, any part of the capital of such corpora-
tion, or reduce its capital stock, except as authorized by law. In case
of any violation of the provisions of this section, the directors under
whose administration the same may have happened, except those who
may have caused their dissent therefrom to be entered at large upon
the minutes of such directors at the time, or were not present when
the same happened, shall jointly and severally be liable to such cor-
poration and to the creditors thereof to the full amount of the capital
of sach corporation so divided, withdrawn, paid out or reduced. But
this section shall not prevent a division and distribution of the assets
of any such corporation remaining after the payment of all its debts
and liabilities upon the dissolution of such corporation or the expira-
tion of its charter.

§ 24. Liability of directors for unauthorized debts and

over-issue of bonds No stock corporation, except a monied

corporation, shall create any debt, if thereby its total indebtedness
not secured by mortgage shall exceed the amount of its paid-up capi-
tal stock, and the directors creating or consenting to the creation of
any such debt shall be personally liable therefor to the creditors of the
corporation. If bonds or other obligations of the corporation, secured
by mortgage, are issued in excess of the amount authorized by law,
or in violation of law, the directors voting for such over-issue, or
unlawful issue shall be personally liable to the holders of the bonds or
other obligations illegally issued for the amount held by them, and to
all persons sustaining damage by such illegal issues for any damage
caused thereby.

Former section 24, amended.

§ 25. Liability of directors for loans to stockholders.— No
loan of moneys shall be made by any stock corporation, except a
monied corporation, or by any officer thereof out of its funds to any
stockholder therein, nor shall any such corporation or officer discount
any note or other evidence of debt, or receive the same in payment of
any installment or any part thereof due or to become due on any
stock in such corporation, or receive or discount any note, or other

36 The Stock Cobpobation Law.

evidence of debt, to enable any stockholder to withdraw any part of
the money paid in by him on his stock. In case of the violation of
any provision of this section, the officers or directors making such
loan, or assenting thereto, or receiving or discounting such notes or
other evidence of debt, shall, jointly and severally, be personally liable
to the extent of such loan and interest, for all the debts of the corpora-
tion contracted before the repayment of the sum loaned, and to the
full amount of the notes or other evidences of debt so received or dis-
counted, with interest from the time such liability accrued.
Former section 25. amended.

§ 26. Transfer of stock by stockholder indebted to corpo-
ration. — If a stockholder shall be indebted to the corporation, the
directors may refuse to consent to a transfer of his stock until such
indebtedness is paid, provided a copy of this section is written or
printed upon the certificate of stock.
Former section 26, without change.

§ 27. OfAcers. — The directors of a stock corporation may appoint
from their number a president, and may appoint a secretary, treasurer
and other officers, agents and employes, who shall respectively have
such powers and perform such duties in the management of the pro-
perty and affairs of the corporation, subject to the control of the
directors, as may be prescribed by them or in the by-laws. The
directors may require any such officer, agent or employe to give
security for the faithful performance of his duties, and may remove
him at pleasure. The policy holders of an insurance corporation shall
be eligible to election or appointment as its officers.
Former section 27, amended.

§ 28. Inspectors and their oath.— The inspectors of election of
every stock corporation shall be appointed in the manner prescribed
in the by-laws, but the inspectors of the first election of directors and
of all previous meetings of the stockholders shall be appointed by
the board of directors named in the certificate of incorporation. No
director or officer of a monied corporation shall be eligible to election
or appointment as inspector. Each inspector shall be entitled to a
reasonable compensation for his services, to be paid by the corpora-
tion, and if any inspector shall refuse to serve, or neglect to attend at
the election, or his office become vacant, the meeting may appoint an
inspector in his place unless the by-laws otherwise provide. The
inspectors appointed to act at any meeting of the stockholders shall,
before entering upon the discharge of their duties, be sworn to faith-
fully execute the duties of inspectors at such meeting with strict

The Stock Cokpobation Law. 37

impartiality, and according to the best of their ability, and the oath
BO taken shall be subscribed by them, and immediately filed in the
office of the clerk of the county in which such election or meeting
shall be held, with a certificate of the result of the vote taken thereat.
Former section 28, amended.

§ 29. Books to be kept. — Every stock corporation shall keep at
its office, correct books of account of all its business and transactions,
and a book to be known as the stock-book, containing the names,
alphabetically arranged, of all persons who are stockholders of the
corporation, showing their places of residence, the number of shares
of stock held by them respectively, the time when they respectively
became the owners thereof, and the amount paid thereon. The
stock-book of every such corporation shall be open daily, during
business hours, for the inspection of its stockholders and judgment
creditors, who may make extracts therefrom. No transfer of stock
shall be valid as against the corporation, its stockholders and creditors
for any purpose, except to render the transferee liable for the debts
of the corporation according to the provisions of this chapter, until it
shall have been entered in such book as required by this section, by
an entry lowing from and to whom transferred. Such latter book
shall be presumptive evidence of the facts therein so stated in favor
of the plaintiff, in any action or proceeding against such corporation
or any of its officers, directors or stockholders. Every corporation
that shall neglect or refuse to keep or cause to be kept such books, or
to keep any book open for inspection as herein required, shall forfeit
to the people the sum of fifty dollars for every day it shall so neglect
or refuse. If any officer or agent of any such corporation shall willfully
neglect or refuse to make any proper entry in such book or books, or
shall neglect or refuse to exhibit the same, or allow them to be
inspected and extracts taken therefrom as provided in this section,
the corporation and such officer or agent shall each forfeit and pay to
the party injured a penalty of fifty dollars for every such neglect or
refusal, and all damages resulting to him therefrom.

Former section 29, amended.

§ 30. Annual report. — Every stock corporation, except monied
and railroad corporations, shall annually, during the month of January,
or, if doing business without the United States, before the first day
of May, make a report as of the first day of January, which shall state:

1. The amount of its capital stock, and the proportion actually issued.

2. The amount of its debts or an amount which they do not then
exceed.

38 The Stock Corporation Law.

3. The amount of its assets or an amount which its assets at least

equal.

Such report shall be signed by a majority of its directors, and
verified by the oath of the president or vice-president and treasurer
or secretary, and filed in the oflSce of the secretary of state and in the
office of the county clerk of the county where its principal business
office may be located. If such report is not so made and filed, all the
directors of the corporation shall jointly and severally be personally
liable for all the debts of the corporation then existing, and for all con-
tracted before such report shall be made. No director shall be liable
for the failure to make and file such report if he shall file with the
secretary of state, within thirty days after the first day of February,
or the first day of May, as the case may be, a verified certificate,
stating that he has endeavored to have such report made and filed,
but that the officers or a majority of the directors have refused and
neglected to make and file the same, and shall append to such certifi-
cate a report containing the items required to be stated in such
annual report, so far as they are within his knowledge or are obtain-
able from sources of information open to him, and verified by him to
be true to the best of his knowledge, information and belief.

Former section 30, as amended by Laws 1892, chapter 2, further amended.

§ 31. Liability of ofB.cers for false certificates, reports or
public notices. — If any certificate or report made or public notice
given by the officers or directors of a stock corporation shall be false
in any material representation, the officers and . directors signing the
same shall jointly and severally be personally liable to any person
who has become a creditor or stockholder of the corporation upon the
faith of any such certificate, report, notice or any material representa-
tion therein to the amount of the debt contracted upon the faith
thereof if not paid when due, or of the damage sustained by any pur-
chaser of or subscriber to its stock upon the faith thereof. The
liability imposed by this section shall exist in all cases where the
contents of any such certificate, report or notice or of any material
representation therein shall have been communicated either directly
or indirectly to the person so becoming a creditor or stockholder and
he became such creditor or stockholder upon the faith thereof. No
action can be maintained for a cause of action created by this section
unless brought within two years from the time the certificate, report
or public notice shall have been made or given by the officers or
directors of such corporation.

Former section 31, amended.

The Stock Cobpoeation Law. 39

§ 32. Alteration or .extension of business. — Any stock cor-
poration heretofore or hereafter organized under any general or
special law of this state may extend or alter its business and powers
so as to include any purposes and powers which at the time of such
extension may have been conferred by law upon corporations engaged
in a business of the same general character, or which might be
included in the certificate of incorporation of a corporation organizing
under any general law of this state for a business of the same general
character, by filing in the manner provided for the original certificate
of incorporation an amended certificate, executed by a majority of its
directors, stating the extension of business and powers and rights
proposed, and that the same has been duly authorized by a vote of
stockholders representing at least three-fifths of the capital stock, at
a meeting of the stockholders called for the purpose in the manner
provided in section forty-five of this chapter, and a copy of the pro-
ceedings of such meeting, verified by the affidavit of one of the
directors present thereafter, shall be filed with such amended
certificate.

ARTICLE ni.

Stock; Stockholders, theik Rights and Liabilities.

Section 40. Issue and transfers of stock.

41. Subscriptions to stock.

42. Consideration for issue of stock and bonds.

43. Time of payment of subscriptions to stock.

44. Increase or reduction of capital stock.

45. Notice of meeting to increase or reduce capital stock.

46. Conduct of such meeting ; certificate of increase or reduction.

47. Preferred and common stock.

48. Prohibited transfers to officers or stockholders.

49. Payment by stockholders of mortgage debt pending fore-

closure.

50. Application" to court to order issue of new in place of lost

certificate of stock.

51. Order of court upon such application.

52. Financial statement to stockholders.

53. Exhibition of books by transfer agent of foreign corporation.

54. Liabilities of stockholders.

55. Limitation of stockholder's liability.

§ 40. Issue and transfers of stock.— The stock of every stock
corporation shall be represented by certificates prepared by the
directors and signed by the president or vice-president and secretary
or treasurer and sealed with the seal of the corporation, and shall be
transferrable in the manner prescribed in this chapter and in the

40 The Stock Cokpoeation Law.

by-laws. No share shall be transferrable until all previous calls
thereon shall have been fully paid in.

Any stock corporation, domestic or foreign, now existing or here-
after organized, except monied corporations, may purchase, acquire,
hold and dispose of the stocks, bonds and other evidences of indebt-
edness of any corporation, domestic or foreign, and issue in exchange
therefor its stock, bonds or other obligations, if authorized so to do
by a provision in the certificate of incorporation of such stock corpo-
ration, or in any certificate amendatory thereof or supplementary
thereto, filed in pursuance of law, or if the corporation whose stock is
so purchased, acquired, held or disposed of, is engaged in a business
similar to that of such stock corporation, or engaged in the manufac-
ture, use or sale of the property, or in the construction or operation
of works necessary or useful in the business of such stock corpora-
tion, or in which or in connection with which the manufactured
articles, produci or property of such stock corporation are or may be
used, or is a corporation with which such stock corporation is or may
be authorized to consolidate. When any such corporation shall be a
stockholder in any other corporation, as herein provided, its president
or other officers shall be eligible to the office of director of such cor-
poration, the same as if they were individually stockholders therein,
and the corporation holding such stock shall possess and exercise in
respect thereof, all the rights, powers and privileges of individual
owners or holders of such stock.

Any stock corporation may, in pursuance of a unanimous vote of its
stockholders voting at a special meeting called for that purpose by
notice in writing signed by a majority of the directors of such corpo-
ration stating the time and place and object of the meeting, and
served upon each stockholder appearing as such upon the books of
the corporation, personally or by mail at his last-known post-office
address at least sixty days prior to such meeting, guarantee the bonds
of any other domestic corporation engaged in the same general line
of business.

Former section 40, amended.

§ 41. Subscriptions to stock.— If the whole capital stock shall
not have been subscribed at the time of filing the certificate of incor-
poration, the directors named in the certificate may open books of
subscription to fill up the capital stock in such places, and after
giving such notices as they may deem expedient, and may continue to
receive subscriptions until the whole capital stock is subscribed. At
the time of subscribing, every subscriber, whose subscription is pay-

The Stock Coepobation Law. 41

able in money, Bhall pay to the directors ten per centum upon the
amount subscribed by him in cash, and no such subscription shall be
received or taken without such payment.
Former section 41, amended.

§ 42. Consideration for issue of stock and bonds. — No
corporation shall issue either stock or bonds except for money, labor
done or property actually received for the use and lawful purposes
of such corporation. No such stock shall be issued for less than its
par value.

No such bonds shall be issued for less than the fair market value
thereof.

Former section 42, amended.

§ 43. Time of payment of subscriptions to stock. — Subscrip-
tions to the capital stock of a corporation shall be paid at such times
and in such installments as the board of directors may by resolution
require. If default shall be made in the payment of any installment
as required by such resolution, the board may declare the stock and
all previous payments thereon forfeited for the use of the corporation,
after the expiration of sixty days from the service on the defaulting
stockholder, personally or by mail directed to him at his last known
post-office address, of a written notice requiring him to make payment
within sixty days from the service of the notice at a place specified
therein, and stating that, in case of failure to do so, his stock and all
previous payments thereon wUl be forfeited for the use of the
corporation.

Such stock, if forfeited, may be reissued or subscriptions therefor
may be received as in the case of stock not issued or subscribed for.
If not sold for its par value or subscribed for within six months after
such forfeiture, it shall be canceled and deducted from the amount of
the capital stock. If by such cancellation, the amount of the capital
stock is reduced below the minimum required by law, the capital stock
shall be increased to the required amount within thr«e months there-
after or an action may be brought or proceedings instituted to close
up the business of the corporation as in the case of an insolvent corpora-
tion. If a receiver of the assets of the corporation has been appointed,
all unpaid subscriptions to the stock shall be paid at such times and
in such installments as the receiver or court may direct.
Former section 43, amended.

§ 44. Increase or reduction of capital stock. — Any domestic
corporation may increase or reduce its capital stock in the manner
6

42 The Stock Corporation Law.

herein provided, but not above the maximum or below the minimum
amount, if any, prescribed by law. If increased, the holders of the
additional stock issued shall be subject to the same liabilities with
respect thereto as are provided by law in relation to the original
capital; it reduced, the amount of its debts and liabilities shall not
exceed the amount of its reduced capital, unless an insurance corpora-
tion in which case the amount of its debts and liabilities shall not
exceed the amount of its reduced capital and other assets. The owner
of any stock shall not be relieved from any liability existing prior to
the reduction of the capital stock of any stock corporation.
Former section 44, amended.

§ 45. Notice of meeting to increase or reduce capital
stock. — Every such increase or reduction must be authorized by a
vote of the stockholders owning at least two-thirds of the stock of the
corporation, taken at a meeting of the stockholders specially called for
that purpose. Notice of the meeting, stating the time place and
object, and the amount of the increase or reduction proposed, signed
by a majority of the directors, shall be published once a week, for at
least two successive weeks, in a newspaper in the county where its
principal business office is located, if any is published therein, and a
copy of such notice shall be personally served upon or duly mailed to
each stockholder or member at his last known post-office address at
least three weeks before the meeting.
Former section 45, amended.

§ 46. Conduct of such meeting ; certificate of increase or
reduction. — If, at the time and place specified in the notice, the
stockholders shall appear in person or by proxy, in numbers repre-
senting at least two-thirds of all the shares of stock, they shall organ-
ize by choosing from their number a chairman and secretary, and
take a vote of those present in person or by proxy, and if a sufficient
number of votes shall be given in favor of such increase or reduction,
a certificate of the proceedings, showing a compliance with the pro-
visions of this chapter, the amount of capital actually paid in, the
whole amount of debts and liabilities of the corporation, and the
amount of the increased or reduced capital stock, shall be made,
signed, verified and acknowledged by the chairman and secretary of
the meeting and filed in the office of the clerk of the county where its
principal place of business shall be located, and a duplicate thereof
in the office of the secretary of state. In case of a reduction of the
capital stock, except of a railroad corporation, or a monied corporation,

The Stock Cobpobation Law. 43

Bucli certificate shall have indorsed thereon the approval of the comp-
troller, to the effect that the reduced capital is sufficient for the
proper purposes of the corporation, and is in excess of its debts and
liabilities, and in case of the increase, or reduction of the capital stock
of a railroad corporation, or a monied corporation, the certificate
shall have indorsed thereon the approval of the board of railroad com-
missioners, if a railroad corporation; of the superintendent of banks,
if a corporation formed under or subject to the banking law; and of
the superintendent of insurance, if an insurance corporation.

When the certificate herein provided for has been filed, the capital
stock of such corporation shall be increased or reduced, as the case
may be, to the amount specified in such certificate. The proceedings
of the meeting at •which such increase or reduction is voted, shall be
entered upon the minutes of the corporation. If the capital stock is
reduced, the amount of capital over and above the amount of the
reduced capital shaU be returned to the stockholders pro rata at
such times and in such manner as the directors shall determine.
Former section 46, amended.

§47. Preferred and common stock. — Every domestic stock
corporation may have preferred and common stock, and differ-
ent classes of preferred stock, if the certificate of incorporation so
provides or by the unanimous consent of the stockholders, and may,
upon the written request of the holder of any preferred stock, by a
two-thirds vote of its directors, exchange the same for common stock,
and issue certificates for common stock therefor, share for share, or
upon such other valuation as may have been agreed upon in the scheme
for the organization of such corporation, or the issue of such pre-
ferred stock, but the total amount of such capital stock shall not be
increased thereby.

Former section 47, amended.

§ 48. Prohibited transfers to oflBicers or stockholders.—
No corporation which shall have refused to pay any of its notes or
other obUgationa when due, in lawful money of the United States,
nor any of its officers or directors, shall transfer any of its property
to any of its officers, directors or stockholders, directly or indirectly,
for the payment of any debt, or upon any other consideration than
the full value of the property paid in cash. No conveyance, assign-
ment or transfer of any property of any such corporation by it or by
any officer, director or stockholder thereof, nor any payment made,
judgment suffered, lien created or security given by it or by any offi-
cer, director or stockholder when the corporation is insolvent or its

44 The Stock Cobporation Law.

insolvency is imminent, with the intent of giving a preference to any
particular creditor over other creditors of the corporation shall be
valid. ,

Every person receiving by means of any such prohibited act or
deed any property of the corporation shall be bound to account
therefor to its creditors or stockholders or other trustees.

No stockholder of any such corporation shall make any transfer or
assignment of his stock therein to any person in contemplation of its
insolvency. Every transfer or assignment or other act done in viola-
tion of the foregoing provisions of this section shall be void.

No conveyance, assignment or transfer of any property of a corpo-
ration formed under or subject to the banking law, exceeding in value
one thousand dollars shall be made by such corporation, or by any
officer or director thereof, unless authorized by a previous resolution
of its board of directors, except promissory notes or other evidences
of debt issued or received by the officers of the corporation in the
transaction of its ordinary business and except payments in specie or
other current money or in bank bills made by such officers. No such
conveyance, assignment or transfer shall be void in the hands of a
purchaser for a valuable consideration without notice.

Every director or officer of a corporation who shall violate or be
concerned in violating any provision of this section, shall be person-
ally liable to the creditors and stockholders of the corporation of
which he shall be director or an officer to the full extent of any loss
they may respectively sustain by such violation.
Former section 48, amended,

§ 49. Payment by stockholders of mortgage debt pending
foreclosure. — Whenever default shall be made by any corporation
in the payment of principal or interest of any of its bonds secured by
mortgage or deed of trust of its property, any stockholder may at any
time during the pendency of the foreclosure of such mortgage or deed
of trust and before the sale thereunder, pay to the mortgagees or
grantees in such mortgage or deed, for the use and benefit of the
holders of such bonds, a sum equal to such proportion of the amount
due and secured to be paid by such mortgage or deed,, as his stock in
such corporation shall bear to its whole capital stock, and on making
such payment he shall to the extent thereof become and be interested
in such mortgage or deed and protected thereby.
Former section 49, without change.

§ 50. Application to court to order issue new in place of
lost certificate of stock. — The owner of a lost or destroyed certi-

The Stock Coepoeation Law. 45

fioate of stock, if the corporation shall refuse to issue a new certificate
in place thereof, may apply to the supreme court, at any special term
held in the district where he resides, or in which the principal busi-
ness office of the corporation is located, for an order requiring the
corporation to show cause why it should not be required to issue a
new certificate in place of the one lost or destroyed. The application
shall be by petition, duly verified by the owner, stating the name of
the corporation, the number and date of the certificate, if known, or
if it can be ascertained by the petitioner; the number of shares
named therein, to whom issued, and as particular a statement of the
circumstances attending such loss or destruction as the petitioner can
give. Upon the presentation of the petition the court shall make an
order requiring the corporation to show cause, at a time and place
therein mentioned, why it should not issue a new certificate of stock
in place of the one described in the petition. A copy of the petition
and order shall be served on the president or other head of the cor-
poration, or on the secretary or treasurer thereof, personally, at least
ten days before the time for showing cause.
Former section 50, amended.

§ 51. Order of court upon such application. — Upon the
return of the order, with proof of due service thereof, the court
shall, in a summary manner, and in such mode as it may deem advis-
able, inquire into the truth of the facts stated in the petition, and
hear the proofs and allegations of the parties in regard thereto, and
if satisfied that the petitioner is the lawful owner of the number of
shares, or any part thereof, described in the petition, and that the
certificate therefor has been lost or destroyed, and can not after due
diligence be found, and that no sufficient cause has been shown why a
new certificate should not be issued, it shall make an order requiring
the corporation, within such time as shall be therein designated, to
issue and deliver to the petitioner a new certificate for the number of
shares specified in the order, upon depositing such security, or filing
a bond in such form and with such sureties as to the court shall
appear sufficient to indemnify any person other than the petitioner
who shall thereafter be found to be the lawful owner of the certificate
lost or destroyed; and the court may direct the publication of such
notice, either before or after making such order as it shall deem
proper. Any person claiming any rights under the certificates alleged
to have been lost or destroyed shall have recourse to such indemnity,
and the corporation shall he discharged from all liability to such per-
son upon compliance with such order; and obedience to the order

46 ^ The Stock Cobpobation Law.

may be enforced by attachment against the officer or officers of the
corporatioii on proof of his or their refusal to comply with it.
Former section 51 , without change.

§ 52. Financial statement to stockholders. — Stockholders
owning five per centum of the capital stock of any corporation other
than a mohied corporation, not exceeding one hundred thousand dol-
lars, or three per centum where it exceeds one hundred thousand
dollars, may make a written request to the treasurer or chief fiscal
officer thereof, for a statement of its affairs, under oath, embracing a
particular account of all its assets and liabilities, and the treasurer
shall make such statement and deliver it to the person presenting the
request within thirty days thereafter, and keep on file for twelve
months thereafter a copy of such statement, which shall at all times
during business hours be exhibited to any stockholder demanding an
examination thereof; but the treasurer or such chief fiscal officer shall
not be required to deliver more than one such statement in any one
year. The supreme court, or any justice thereof, may upon applica-
tion, for good cause shown, extend the time for making and deliver-
ing such certificate. For every neglect or refusal ot the treasurer or
other chief fiscal officer thereof to comply with the provisions of this
section he shall forfeit and pay to the person making such request
the sum of fifty dollars, and the further sum of ten dollars for every
twenty-four hours thereafter until such statement shall be furnished
Former section 52, amended.

§ 53. Exhibition of books by transfer agent of foreign
corporation. — The transfer agent in this state of any foreign cor-
poration whether such agent shall be a corporation or a natural per-
son, shall, at all times during the usual hours of transacting business,
exhibit to any stockholder of such corporation, when required by him,
the transfer book, and a list of the stockholders thereof, if in his
power to do so, and for every violation of the provisions of this sec-
tion, such agent, or any officer or clerk of such agent, shall forfeit
the sum of two hundred and fifty dollars, to be recovered by the
person to whom such refusal was made. •

Former section 56.

§ 54 Liabilities of stockholders.— The stockholders of every
stock corporation shall, jointly and severally, be personally liable to
its creditors, to an amount equal to the amount of the stock held by
them respectively, for every debt of the corporation, until the whole
amount of its capital stock issued and outstanding at the time such

The Stock Corporation Law. 47

debt was incurred shall have been fully paid. The stockholders of
every stock corporation shall, jointly and severally, be personally
liable for all debts due and owing to any of its laborers, servants or
employes other than contractors, for services performed by them for
such corporation. Before such laborer, servant or employe shall
charge such stockholder for such services, he shall give him notice in
writing, within thirty days after the termination of such services that
he intends to hold him liable, and shall commence an action therefor
within thirty days after the return of an execution unsatisfied against
the corporation upon a judgment recovered against it for services.
No person holding stock in any corporation as collateral security, or
as executor, administrator, guardian or trustee, unless he shall have
voluntarily invested the trust funds in such stock, shall be personally
subject to liability as a stockholder; but the person pledging such
stock shall be considered the holder thereof, and shall be liable as
stockholder; and the estates and funds in the hands of such executor,
administrator, guardian or trustee shall be liable in the like manner
and to the . same extent as the testator or intestate, or the ward, or
person interested in such trust fund would have been, if he had been
living and competent to act and held the same stock in his own name,
unless it appears that such executor, administrator, guardian or
trustee voluntarily invested the trust funds in such stocks, in which
case he shall be personally liable as a stockholder.

Former section 57.

§ 55. Limitation of stockholder's liability. — No action shall
be brought against a stockholder for any debt of the corporation until
'udgmeut therefor has been recovered against the corporation, and an
execution thereon has been returned unsatisfied in whole or in part,
and the amount due on such execution shall be the amount recover-
able, with costs against the stockholder. No stockholder shall be per-
sonally liable for any debt of the corporation not payable within two
years from the time it is contracted, nor unless an action for its col-
lection shall be brought against the corporation within two years after
its debt becomes due; and no action shall be brought against a stock-
holder after he shall have ceased to be a stockholder, for any debt of
the corporation, unless brought within two years from the time he shall
have ceased to be a stockholder.
Former section 58.

48 The Stock Cobpoeation Law.

Chapter 337, Laws of 1892,

An Act to amend chapter five hundred and sixty -four of
the laws of eighteen hundred and ninety, entitled " An
act in relation to stock corporations, constituting chapter
thirty-eight of the general laws."

Appeoved by the Governor April 18, 1892. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and^
Assembly, do enact as follows :

Section 1. Section two of chapter five hundred and sixty-four, of '
the laws of eighteen hundred and ninety, entitled "An act in relation '
to stock corporations, constituting chapter thirty-eight of the general ^
laws," passed June seventh, eighteen hundred and ninety, is herebyi^
amended so as to read as follows: ..''

§ 2. May borrow money and mortgage property.— In,
addition to the powers conferred by the general corporation law,
every stock corporation shall have power to borrow money or.
contract debts, when necessary for the transaction of its busine8E(^
or for the exercise of its corporate rights, privileges or franchises,
or for any other lawful purpose of its corporation; and may issue''
and dispose of its obligations for any amount so borrowed,
and may mortgage its property and franchises to secure the pay- '
ment of such obligations, or of any debt contracted for the pur-
poses herein specified; and the amount of the obligations issued and
outstanding at any one time secured by such mortgages, excepting
mortgages given as a consideration for the purchase of real estate
and mortgages authorized by contracts made prior to the time when
this act shall take effect, shall not exceed the amount of its paid-up
capital stock, or an amount equal to two- thirds of the value of its
corporate property, at the time or issuing the obligation secured by
such mortgages, in case such two-thirds value shall be more than
the amount of such paid-up capital stock. No such mortgages,
excepting purchase-money mortgages, shall be issued without the
consent of the stockholders owning at least two-thirds of the stock of
the corporation, which consent shall be in writing and shall be filed
and recorded in the office of the clerk or register of the county
where it has its principal place of business, or shall be given by a
vote in person or by proxy at a special meeting of the stockholders
called for that purpose, and a certificate of the vote at such meeting,
signed and sworn to by the chairman and secretary of such meeting.

The Stock Cobpobation Law. 49

shall be filed and recorded as aforesaid. When authorized by such
consent, the directors, under such regulations as they may adopt,
may confer on the holder of any debt or obligations secured by such
mortgage, the right to convert the principal thereof, after two, and
not more than twelve years, from the date of the mortgage, into stock
of the corporation : and, if the capital stock shall not be sufficient to
meet the conversion, when made, the stockholders shall, in the
manner herein provided, authorize an increase of the capital stock
. sufficient for that pupose.

s § 2. This act shall take effect immediately.

THE RAILROAD LAW.

Laws 1890, Chapteb 565.

An Act in relation to railroads, constituting chapter
thirty-nine of the general laws.

CHAPTER XXXIX OF THE GENERAL LAWS.
The Railroad Law.

AbtioleI. Organization; general powers; location (§§ 1-20).

2. Construction ; operation ; management (§§ 30-67).

3. Consolidation ; lease ; sale ; reorganization (§§ 70-83).

4. Street surface railroads (§§ 90-119).

5. Other railroads in cities and counties (§§ 120-141).

6. Board of railroad commissioners (§§ 150-171).

ARTICLE I.

Obganization, General Powebs, Location.

Skotion 1. Short title.

2. Incorporation.

3. Supplemental certificate.

4. Additional powers conferred :

1. Entry upon lands for purpose of survey.

2. Acquisition of real property.

3. Construction of road.

4. Intersection of streams, highways, plank-roads, turnpikea

and canals.

5. Intersection of other railroads.

6. Buildings and stations.

7. Transportation of persons and property.

8. Time and manner of transportation.

9. Purchase of lands and stock in other states.
6. When corporate powers to cease.

6. Location of route.

7. Acquisition of title to real property.

8. Railroads through public lands.

• The Eailboad Law. 51

Section 9. Eailroads through Indian lands.

10. Eailroads through Chautauqua assembly grounds.

11. Intersection of highways, additional lands for.

12. Intersection of other railroads.

13. Change of route, grade or terminus.

14. Construction of part of line in another state.

15. Two roads having the same location.

16. Tunnel railroads.

17. Eailroads in foreign countries.

18. Additional corporate powers of such road.

19. Location of principal office of such road.

20. Individual, joint-stock association, or other corporation may

lay down and maintain railroad tracks in certain cases.

21. When electric light and power corporation may become a rail-

road corporation.

• Section 1. Short title. — This chapter shall be known as the
railroad law.

§ 2. Incorporation. — Fifteen or more persons may become a
corporation, for the purpose of building, maintaining and operating a
railroad, or of maintaining and operating a railroad already built, not
owned by a railroad corporation, or for both purposes, by executing,
acknowledging and filing a certificate, in which shall be stated:

1. The name of the corporation.

2. The number of years it is to continue.

3. The kind of road to be built or operated.

4. Its length and termini.

6. The name of each county in which any part of it is to be located.

6. The amount of capital stock, which shall not be less than ten
thousand dollars for every mile of road built, or proposed to be built,
except a narrow-gauge road, when it shall not be less than three
thousand dollars for every such mile.

7. The number of shares into which the capital stock is to be
divided.

8. If the capital stock is to consist of common and preferred stock,
the amount of each class and the rights and privileges of the latter
over the former.

9. The names and post-office addresses of the directors of the cor-
poration, not less than nine, who shall manage its affairs for the first

'year.

10. The place where its principal office is to be located.

11. If a street surface railroad, the names and description of the
streets, avenues and highways in which the road is to be constructed.

52 The Bailboad Law.

12. If it is to be a railway corporation, specified in article five of
this chapter, the statements required by that article to be inserted in
the certificate of incorporation.

13. The name and post-office address of each subscriber to the cer-
tificate and the number of stares of stock he agrees to take.

Such certificate shall have indorsed thereon, or annexed thereto, to
be taken as a part thereof, an affidavit of at least three of such direct-
ors that at least ten per cent of the minimum amount of capital stock
authorized by law has been subscribed thereto, and paid in good faith
and in cash to the directors named in the certificate, and that it is
intended in good faith to build, maintain and operate the road men-
tioned therein. In case of a railway corporation specified in article
five of this chapter, the affidavit of the directors shall show that the
full amount of such capital stock has been in good faith subscribed,
and there shall be annexed to the certificate of incorporation and as a
part thereof the certificate of the railroad commissioners showing
the organization of the corporation for the purposes mentioned in the
certificate.

The filing of every certificate, where the amount of stock required
by this section has not been in good faith subscribed and paid in
cash, shall be void. {As amended by L. 1892, ch. 676, taking effect
June 7, 1892.)

Former section 2, amended.

§ 3. Supplemental certificate. — If the names and places of
residence of t directors of the corporation have been omitted
from the certificate, when executed and acknowledged, and thereafter
the requisite number of directors has been chosen at a meeting of the
subscribers to the certificate, a supplemental certificate, containing
their names and places of residence, may be filed with such certificate
with the same force and eSect as if the names and places of residence
of the directors had been originally inserted therein.

§ 4. Additional powers conferred. — Subject to the limitations
and requirements of this chapter, every railroad corporation, in addi-
tion to the powers given by the general and stock corporation laws,
shall have power.

1. Entry upon lands for purposes of survey.— To cause the
necessary examination and survey for its proposed railroad to be made
for the selection of the most advantageous route; and for such pur-
pose, by its officers, agents or servants, to enter upon any lands or
waters Bubject to liability to the owner for all damages done.

The Railroad Law. 53

2. Acquisition of real property. — To take and hold such vol-
untary grants of real estate and other property as shall be made to it
to aid in the construction, maintenance and accommodation of its
railroad; and to acquire by condemnation such real estate and prop-
erty as may be necessary for such construction, maintenance and
accommodation in the manner provided by law, but the real property
acquired by condemnation shall be held and used only for the pur-
poses of the corporation during the continuance of the corporate
existence.

3. Construction of road. — To lay out its road not exceeding six
rods in width, and to construct the same; and, for the purpose of
cuttings and embankments, to take such additional lands as may be
necessary for the proper construction and security of the road; and
to cut down any standing trees that may be in danger of falling on
the road, upon making compensation therefor.

4. Intersection of streams, highways, plank-roads, turn-
pikes and canals. — To construct its road across, along or upon
any stream, water-course, highway, plank-road, turnpike, or across
any of the canals of the state, which th§ route of its road shall inter-
sect or touch.

5. Intersection of other railroads. — To cross, intersect, join,
or unite its railroad with any other railroad before constructed, at
any point on its route and upon the ground of such other railroad
corporation, with the necessary turnouts, sidings, switches and other
conveniences in furtherance of the objects of its connection.

6. Buildings and stations. — To erect and maintain all neces-
sary and convenient buildings, stations, fixtures and machinery for
the accommodation and use of its passengers, freight and business.

7. Transportation of persons and property. — To take and
convey persons and property on its railroad by the power or force of
steam or of animals, or by any mechanical power, except where such
power is speciftUy prescribed in this chapter, and to receive compen-
sation therefor.

8. Time and manner of transportation. — To regulate the
time and manner in which passengers and property shall be trans-
ported, and the compensation to be paid therefor.

9. Purchase of lands and stock in other states.— To acquire
and dispose of any real property in any other state through which

54 The Baileoad Law.

any part of its railroad is operated, and stock in any foreign corpora-
tion owning lands in another state for the purpose of securing for
such railroad corporation in this state a permanent supply of fuel for
its use, and stock of corporations in this state, formed for the purpose
of erecting union rail way. depots.

10. From time to time to borrow such sums of money as may be
necessary for completing and finishing or operating its railroad and
to issue and dispose of its bonds for any amount so borrowed, and
to mortgage its corporate property and franchises to secure the pay-
ment of any debts contracted by the company for the purposes
aforesaid. {As amended by L. 1892, ch. 676, taking effect June 7, 1892.)

§ 5. When corporate powers to cease. — If any domestic
railroad corporation shall not, within five years after its certificate of
incorporation is filed, begin the construction of its road and expend
thereon ten per cent of the amount of its capital, or shall not finish
its road and put it in operation in ten years from the time of filing
such certificate, its corporate existence and powers shall cease.

§ 6. Ijocatiou of route. — Every railroad corporation, except a
street surface railroad corporation and an elevated railway corpora-
tion, before constructing any part of its road in any county named in
its certificate of incorporation, or instituting any proceedings for the
condemnation of real property therein, shall make a map and profile
of the route adopted by it in such county, certified by the president
and engineer of the corporation or a majority of the directors, and
file it in the office of the clerk of the county in which the road is to
be made. The corporation shall give written notice to all actual
occupants of the lands over which the route of the road is so desig-
nated, and which has not been purchased by or given to it, of the time
and place such map and profile were filed, and that such route passes
over the lands of such occupants. Any such occupant or the owner
of the land aggrieved by the proposed location, may, within fifteen
days after receiving such notice, give ten days' written notice to such
corporation and to the owners or occupants of lands to be affected by
any proposed alteration, of the time and place of an application to a
justice of the supreme court, in the judicial district where the lands
are situated, by petition duly verified, for the appointment of commis-
sioners to examine the route.

The petition shall state the objections to the route designated, shall
designate the route to which it is proposed to alter the same, and
shall be accompanied with a survey, map and profile of the route
designated by the corporation, and of the proposed alteration

The Eatlroad Law. 65

thereof, and copies thereof shall be served upon the corporation and
such owners or occupants with the notice of the application. The
justice may, upon the hearing of the application, appoint three disin-
terested persons, one of whom must be a practical civil engineer,
commissioners to examine the route proposed by the corporation, and
the route to which it is proposed to alter the same, and after hearing
the parties, to affirm the route originally designated, or adopt the
proposed alteration thereof, as may be consistent with the just
rights of all parties and the public, including the owners or occupants
of lands upon the proposed alteration; but no alteration of the
route shall be made except by the concurrence of the commissioner
who is a practical civil engineer, nor which will cause greater damage
or injury to lands or materially greater length of road than the route
designated by the corporation, nor which shall substantially change
the general line adopted by the corporation.

The commissioners shall, within thirty days after their appoint-
ment, make and certify their written determination, which with the
petition, map, survey and profile, and any testimony taken before
them shall be immediately filed in the office of the county clerk of the
county. "Within twenty days after such filing, any party may, by
written notice to the other, appeal to the general term of the supreme
court from the decision of the commissioners, which appeal shall be
heard and decided at the next term held in the department in which
the lands of the petitioners or any of them are situated, for which the
same can be noticed, according to the rules and practice of the court.
On the hearing of such appeal, the court may affirm the route pro-
posed by the corporation or may adopt that proposed by the
petitioner.

The commissioners shall each be entitled to six dollars per day for
their services, and to their reasonable and necessary expenses, to be
paid by the persons who applied for their appointment. If the route
of the road, as designated by the corporation, is altered by the com-
missioners, or by the order of the court, the corporation shall refund
to the petitioner the amount so paid, unless the decision of the com-
missioners is reversed upon appeal taken by the corporation. No
such corporation shall institute any proceedings for the condemnation
of real property in any county until after the expiration of fifteen
days from the service by it of the notice required by this section.
Every such corporation shall transmit to the board of railroad
commissioners the following maps, profiles and drawings exhibiting the
characteristic of their road, to wit: A map or maps showing the
length and direction of each straight line; the length and radius of

56 The Eailroad Law.

each curve; the point of crossing of each town and county line, and
the length of line of each town and county accurately determined by
measurements to be taken after the completion of the road.

Whenever any part of the road is completed and used, such maps
and profiles of such completed part shall be filed with such board
within three months after the completion of any such portion and the
commencement of its operation; and when any additional portion of
the road shall be completed and used, other maps shall be filed
within the same period of time, showing the additional parts so com-
pleted. If the route, as located upon the map and profile filed in the
office of any county clerk, shall have been changed, it shall also cause
a copy of the map and profile filed in the office of the railroad
commissioners, so far as it may relate to the location in such county,
to be filed in the office of the county clerk. (As amended by L. 1892,
ch. 676, talcing effect June 7, 1892.)

L. 1890, chapter 98, section 1, subdivisions 1 and 2.
Exception of street and elevated railways is new. Section applicable
in such cases.

§ 7. Acquisition of title to real property. — All real property,
required by any railroad corporation for the purpose of its incorpora-
tion, shall be deemed to be required for a public use. If the
corporation is unable to agree for the purchase of any real property,
or of any right, interest or easement therein, required for such pur-
pose, or if the owner thereof shall be incapable of selling the same,
or if after diligent search and inquiry the name and residence of such
owner can not be ascertained, it shall have the right to acquire title
thereto by condemnation. It shall also have such right in the
following cases:

1. Where title to real property has been acquired, or attempted to
be acquired, and has been found to be invalid or defective.

2. Where its railroad shall be lawfully in possession of a lessee,
mortgagee, trustee or receiver, and additional real property shall be
required for the purpose of running or operating such railroad.

3. Where it shall require any further rights to lands or the use of
lands for switches, turnouts, or for filling any structures of its road,
or for constructing, widening or completing any of its embankments
or roadbeds, by means of which greater safety or permanency may be
secured, and such lands shall be contiguous to such railroad and
reasonably accessible to the place where the same are to be used for
such purpose or purposes.

4. Where it shall require any further right to lands or to the use of
lands for the fiow of water occasioned by railroad embankments or

The Eaileoad Law. 57

structures now in use, or hereafter rendered necessary, or for any
other purpose necessary for the Operation of such railroad, or for any
right to take and convey water from any spring, pond, creek or river
to such railroad, for the uses and purposes thereof, together with the
right to build or lay aqueducts or pipes for the purpose of conveying
such water, and to take up, relay and repair the same, or for any right
of way required for carrying away or diverting any water, stream or
floods from such railroad for the purpose of protecting its road or for
the purpose of preventing any embankment, excavation or structure
of such railroad from injuring the property of any person who may
be rendered liable to injury thereby.

Waters commonly used for domestic, agricultural or manufacturing
purposes, shall not be taken by condemnation to such an extent as to
injuriously interfere with such use in the future. No railroad cor-
poration shall have the right to acquire by condemnation any right or
easement in or to any real property owned or occupied by any other
railroad corporation, except the right to intersect or cross the tracks
and lands owned or held for right of way by such other corporation,
without appropriating or affecting any lands owned or held for depots
or gravel-beds. {As amended by L. 1892, ch. 676, taking effect Jane 7, 1892.)

§ 8. Kailroads through public lands. — The commissioners of
the land office may grant to any domestic railroad corporation any
land belonging to the people of the state, except the reservation at
Niagara and the Concourse lands on Coney island, which may be
required for the purposes of its road on such terms as may be agreed
on by them; or such corporation may acquire title thereto by con-
demnation; and the county or town officers having charge of any
land belonging to any county or town, required for such corporation
for the purpose of its road, may grant such land to the corporation
for such compensation as may be agreed upon.

§ 9. Railroads through Indian lands. — Any railroad corpo-
ration may contract with the chiefs of any nation of Indians, over
whose lands it may be necessary to construct its railroad, for the right
to make such road upon such lands, but such contract shall not vest
in the corporation the fee to the land, nor the right to occupy the
same for any purposes other than may be necessary for the con-
struction, occupancy and maintenance of such railroad, and such
contract shall not be valid or effectual until it shall be ratified by the
county court of the county where the land shall be situated.

§ 10. Railroads through Chautauqua assembly grounds.—
No railroad corporation shall build, construct or operate any railroad
8

68 The Railroad Law.

in, upon, over or through the grounds, lands or premises owned by
the Chautauqua assembly corporation in the town and county of
Chautauqua, without the written consent of a majority of the board
of trustees of such assembly corporation.

§ 11. Intersection of highways, additional lands for.— No
railroad corporation shall erect any bridge or other obstruction
across, in or over any stream or lake, navigated by steam or sail
boats at the place where it may be proposed to be erected, nor shall
it construct its road in, upon or across any street of any city without
the assent of the corporation of such city, nor across, upon or along
any highway in any town or street in any incorporated village, with-
out the order of the supreme court of the district in which such
highway or street is situated, made at a special term thereof, after at
least ten days' written notice of the intention to make application for
such order shall have been given to the commissioners of highways
of such town, or board of trustees of the village in which such high-
way or street is situated. Every railroad corporation which shall
build its road along, across or upon any stream, watercourse, street,
highway, plankroad or turnpike, which the route of its road shall
intersect or touch, shall restore the stream or watercourse, street,
highway, plankroad and turnpike, thus intersected or touched, to its
former state, or to such state as not to have unnecessarily impaired
its usefulness, and any such highway, turnpike or plankroad may be
carried by it, under or over its track, as may be found most expedient.
Where an embankment or cutting shall make a change in the line of
such highway, turnpike or plankroad desirable, with a view to a more
easy ascent or descent, it may construct such highway, turnpike or
plankroad, on such new line as its directors may select, and may take
additional lands therefor by condemnation if necessary. Such lands
so taken shall become part of such intersecting highway, turnpike or
plankroad, and shall be held in the same manner and by the same
tenure as the adjacent parts of the highway, turnpike or plankroad
are held for highway purposes. Every railroad corporation shall pay
all damages sustained by any turnpike or plankroad corporation in
consequence of its crossing or occupation of any turnpike or plank-
road, and in case of inability to agree upon the amount of such
damages it may acquire the right to such crossing or occupation by
condemnation.

§ 12. Intersection of other railroads. — Every railroad cor-
poration, whose road is or shall be intersected by any new railroad,
shall unite with the corporation owning such new railroad in forming

The Eailboad Law. 59

the necessary intersections and connections, and grant the requisite
facilities therefor. If the two corporations can not agree upon the
amount of compensation to be made therefor or upon the line or lipes,
grade or grades, points or manner of such intersections and connec-
tions, the same shall be ascertained and determined by commissioners,
one of whom must be a practical civil engineer and surveyor, to be
appointed by the court, as is provided in the condemnation law. Such
commissioners may determine whether the crossing or crossings of
any railroad before constructed shall be beneath, at, or above the
existing grade of such railroad, and upon the route designated upon
the map of the corporation seeking the crossing or otherwise. All
railroad corporations whose roads are or shall hereafter be so crossed,
intersected or joined, shall receive from each other and forward to
their destination all goods, merchandise and other property intended
for points on their respective roads, with the same dispatch as, and at
a rate of freight not exceeding the local tariff rate charged for similar
goods, merchandise and other property, received at or forwarded from
the same point for individuals and other corporations. {As amended
by L. 1892, ch. 676, taMng effect June 7, 1892.)

Former section 12. Typographical error corrected.

§ 13. Change of route, g^rade or terminus.— Every railroad
corporation, except elevated railway corporations, may, by a vote of
two- thirds of all its directors, alter or change the route or any part of
the route of its road or its termini, or locate such route, or any part
thereof, or its termini, in a county adjoining any county named in its
certificate of incorporation, if it shall appear to them that the line
can be improved thereby, upon making and filing in the clerk's
office of the proper county a survey, map and certificate of
such alteration or change. If the same is made after the
corporation has commenced grading the original route,
compensation shall be made to all persons for injury done by
such grading to any lands donated to the corporation. But neither
terminus can be changed, under this section, to any other county than
one adjoining that in which it was previously located; nor can the
route or terminus of any railroad be so changed in any town, county
or municipal corporation, which has issued bonds and taken any
stock or bonds in aid of the construction of such railroad without the
written consent of a majority of the taxpayers appearing upon the
last assessment-roll of such town, county or municipal corporation,
unless such terminus, after the change, will remain in the same
village or city as theretofore. No alteration of the route of any rail-

60 The Kailboad Law.

road after its construction shall be made, or new line or route of road
laid out or established, as provided in this section, in any city or vil-
lage, unless approved by a vote of two-thirds of the common council
of the city or trustees of the village. Any railroad corporation whose
road as located terminates at any railroad previously constructed or
located, whereby communication might be had with any incorporated
city of the state, may amend its certificate of incorporation so as to
terminate its road at the point of its intersection with any railroad
subsequently located to intersect it, and thereby, by itself or its con-
nections, afford communication with such city, with the consent of the
stockholders owning two-thirds of the stock of the corporation. Any
railroad corporation may, by a vote of its directors, change the grade
of any part of its road, except in the city of Buffalo, in such manner
as it may deem necessary to avoid accidents and to facilitate the use
of such road; and it may by such vote alter the grade of its road, for
such distance and in such manner as it may deem necessary, on each
or either side of the place where the grade of its road has been changed
by direction of the superintendent of public works, at any point where
its road crosses any canal or canal feeder, except in the city of Buffalo.
The superintendent of public works shall have a general and super-
visory power over that part of any railroad which passes over, or
approaches within ten rods of, any canal or feeder belonging to the
state so far as may be necessary to preserve the free and perfect use of
such canals or feeders, or to make any repairs, improvements or altera-
tion in the same. Any railroad corporation whose tracks cross any of the
canals of the state, and the grade of which may be raised by direction
of the superintendent of public works, with the assent of such super-
intendent, may lay out a new line of road to cross such canal at a more
favorable grade, and may extend such new line and connect the same
with any other line of road owned by such corporation, upon making
and filing in the clerk's office of the proper county a survey map and
certificate of such new or altered line. No portion of the track of any
railroad, as described in its certificate of incorporation, shall be aban-
doned under this section. {As amended by L. 1892, ch. 676, taMng effect
June 7, 1892.)

Exception of elevated railways new ; provided for in article 5.

§ 14. Construction of part of line in another state.— Any
railroad corporation, whose proposed railroad is to be built between
any two points in this state, may, by a vote of two-thirds of all its
directors, locate and construct a part of its road in an adjoining state;
and the sections of its road within this state shall be deemed a con-

The Eaileoad Law. 61

nected line, according to the certificate of incorporation, and the
directors may reduce the capital stock of the corporation to such
amount as may be deemed proper, but not less than ten thousand
dollars per mile for the number of miles of road to be actually
constructed in this state.

§ 15. T-wo roads having the same location. — If two railroad
corporations for a portion of their respective lines embrace the same
location of line, or if their lines connect, or are tributary to each
other, such corporations may by agreement provide for the construc-
tion by one of them of so much of such line as is common to both, or
connects with its own line, and for the manner and terms upon which
the business thereon shall be performed, and the corporation that is
not to construct the part of the line which is common to both, may
amend its certificate of incorporation, and terminate its line at the
point of intersection, and may reduce its capital to a sum not less
than ten thousand dollars for each mile of road proposed to be
constructed in such amended certificate.

§ 16. Tunnel railroads. — When, according to the route and plan
for the building of its road, adopted by any railroad corporation here-
after incorporated, it shall be necessary or proper to build it or any
part of it underground, or to tunnel or bridge any river or waters,
such corporation may enter upon, acquire title to and use such lands
under water and uplands, except on or along any canals of the state,
as shall be necessary for the purposes herein mentioned, and may
construct, erect and secure the necessary foundations and other
structures which may be required for operating and maintain-
ing such road, or connecting the same with another, and to
acquire, in the manner provided by law, such lands or rights
or easements in lands along its route, upon, over, or beneath the sur-
face thereof as may be necessary for the construction of its road and
making such connections. Where such road runs underneath the
ground, at such depth as to enable the corporation to tunnel the same,
such tunnel shall be so built and at all times kept in such condition
as to make the surface of the ground above same and in the neighbor-
hood thereof firm and safe for buildings and other erections thereon,
and if surface excavations are made the surface shall be restored
to its former condition as soon as can be done, except so far as may
be actually required for ventilation of the tunnel beneath the same or
access thereto. Such road or any part of it may be built within the
limits of any city or incorporated village of the state, and may run
by means of a tunnel underneath any of the streets, roads or public

62 The Eaileoad Law.

places thereof, if suoh corporation shall, before constructing the
same underneath any such street, road or public place have obtained
the consent of the owners of one-half in value of the property
bounded on the line of such street, road or public place, and the
consent of the board of trustees of the village, by a resolution adopted
at a regular meeting and entered on the records of the board, or of
the proper authorities of the city having control of such streets, roads
or public places. If the consent of such property-owners can not be
obtained, the general term of the supreme court in the district in
which such city or village or any part thereof is situated, may upon
application appoint three commissioners, who shall determine, after
a hearing of all parties interested, whether such railroad ought to be
built underneath such streets, roads or public places, or any of them,
and in what manner the same may be so built with the least damage
to the surface, and to the use of the surface by the public, and the
determination of the commissioners confirmed by the court may be
taken in lieu of the consent of the property-owners. All railroad
corporations constructing their road under this section shall be
subject to all the provisions of this chapter applicable thereto. Any
other railroad corporation may connect its road therewith, at such
points or places as it may elect, and where such connections shall be
made by connecting roads, the railroad corporations owning such
roads shall build, at their joint expense, and for their joint use, such
passenger and freight depots, and other accommodations for handling
passengers and freight, as may be required for the convenience of the
public. All railroad corporations, constructing any tunnel under
this section, shall be liable to any person or corporation for all
damages which may be sustained by reason of the construction of
such tunnel. Whenever it shall be necessary in constructing any
railroad authorized by this section through any city or incorporated
village, to alter the position or course of any sewer, or water or gas
pipes, it shall be done at the expense of the railroad corporation
under the direction of the department or corporation having charge
thereof, so as not to interfere with such work. In all cases the use
of the streets, docks and lands beneath which such railroad is con-
structed, and on the route thereof and the right of way beneath the
same, for the purpose of such railroad, shall be considered, and is
hereby declared, a public use, consistent with and one of the uses
for which streets and docks are publicly held. No public park or
square in any city or village of this state shall be used or occupied
by any corporation for any of the purposes of this section, and every
road oonstruoted hereunder in or through any such street or publio

The Eailboad Law. 63

place shall be wholly underground and constructed in a tunnel and
not otherwise, (^s amended by L. 1892, ch. 676, taking effect June 7, 1892.)
But see L. 1892, oh. 702, post.

§ 17. Railroads in foreign countries.— A railroad corpora-
tion may be formed under this chapter for the purpose of constructing,
maintaining and operating in any foreign country a railroad for
public use in the transportation of persons and property, or for the
purpose of maintaining and operating therein any railroad already
constructed, in whole or in part, for the like public use, and of
constructing, maintaining and operating, in connection therewith,
telegraph lines and lines of steamboats or sailing vessels. Any
corporation formed for the construction and operation of a railroad
by stationary power, may construct, operate and maintain a railroad
in any other state or country, if not in conflict with the laws thereof,
but the assent of the inventors or patentees of the method of
propulsion used must be first obtained in the same manner and to
the same extent as would be necessary within the United States. {As
amended by L. 1892, ch. 676, taking effect June 7, 1892.)
Typographical error corrected.

§18. Additional corporate powers of such road.— The

corporation specified in the preceding section shall have the fol-
lowing additional powers :

1. To expend money in making preliminary examinations and sur-
veys for its proposed railroad, telegraph lines, and lines of steamboats
and sailing vessels, and in acquiring from foreign countries, nations
or governments, the grants, concessions and privileges herein
authorized.

2. To take and receive from foreign countries, nations and govern-
ments, such grants, concessions or privileges, for the construction,
acquisition, maintenance and operation of railroads, telegraph lines
and vessels, as may be consistent with the purposes of the corpora-
tion, and as may be granted and conceded to it, and to hold the same,
under such restrictions and with such duties and liabilities as may be
fixed by the laws of such foreign country, nation or government, or
as may be annexed to such grants or concessions.

3. To construct, acquire, maintain and operate the lines of railroad,
telegraph and shipping provided for by its certificate of incorpora-
tion, and to take and hold by purchase or by voluntary grant sucH
real estate and other property in foreign countries as may be necessary
and convenient for the construction, maintenance and accommodation
of such lines, and to sell, convey, mortgage or lease such real estate

64 The Kailroad Law.

or other property; and to acquire by purchase or otherwise any rail-
road or lines of telegraph constructed or in process of construction in
any foreign country, and any grants, concessions, franchises, rights,
privileges and immunities relating thereto, and to mortgage or sell
and convey the same, or any part of its property to any person or cor-
poration created by this or any other state or foreign government,
subject to the laws of the country or countries where such property
may be, and the power of sale hereby granted shall be exercised only
by a majority of the entire board of directors of the corporation, with
the written concurrence of the holders of two-thirds in amount of its
capital stock.

4. To take and convey persons and property on its transportation
lines by the power or force of steam or of animals, or by mechanical
or other power, and receive compensation therefor subject to the laws
of the place or country where the same are situated.

5. To acquire and use such real estate and other property in this
state as may be necessary in the conduct of its business, but the value
of such real estate held at any one time shall not exceed the sum of
one million dollars.

§ 19. Location of principal ofQ.ce of such road. — Every such
corporation shall maintain its principal office within this state asd
shall have during business hours, an officer or agent upon whom
service of process may be made, and ghall hold in this state at least
one meeting of the stockholders in each year for the choice of
directors, which shall be known as the annual meeting and be held at
the time and place fixed by the by-laws of the corporation. (As
amended by L. 1892, ch. 676, taking effect June 7, 1892.)
Typographical error corrected.

§ 20. Individual, joint stock association, or other corpora-
tion may lay down and maintain railroad tracks in certain
cases. — Any individual, joint stock association or corporation,
engaged in any lawful business in this state, may, except in any city
of the state, lay down and maintain such railroad tracks on or across
any street or highway, not exceeding three miles in length, as shall
be necessary for the transaction of its business, and to connect any
place of business owned by them with the track of any railroad cor-
poration, and render such place of business more accessible to the
public, upon obtaining the written consent of the owners of all the
lands bounded on and of the local authorities having control of that
portion of the street or highway, upon which it is proposed to con-
struct or operate such railroad. If the consent of such property

The Raileoad Law. 65

owners can not be obtained, the general term of the supreme court of
the department in which such railroad is to be constructed, may upon
application, appoint three commissioners, who shall determine, after
a hearing of all parties interested, whether such railroad ought to be
constructed or operated, and the amount of damages, if any, to be
paid to such property owners, and their determination confirmed by
the court may be taken in lieu of the consent of the property owners.
But no such railroad shall be so located, graded, built or operated as
to interfere with or obstruct the traveled part of any highway, or its
use as a highway, or the use of any street or highway intersecting the
same.

§ 21. When electric light and power corporation may
become a railroad corporation. — When all the stockholders of
any domestic electric light and power company incorporated under a
general law, having not less than five stockholders and actually carry-
ing on business in this state, shall execute and file in the offices in
which its original certificates of incorporation are filed an amended
certificate of incorporation complying in every other respect than as
to the number of signers and directors, who shall- be not less than five,
with the provisions of the railroad law, and in which certificate the
corporate name of such corporation shall be amended by adding
before the word " company " in its corporated name, the words " and
railroad," such corporation shall have the right to build, maintain and
operate by electricity as a motive power, a railroad not exceeding
twenty miles in length, and not a street surface railroad, and such
corporation shall otherwise be subject to all the provisions of this
chapter and have all the powers, rights and privileges conferred by it
upon railroad corporations.

This section shall not apply to any railroad now located in whole or
in part or hereafter to be so located in any city of the state. (As
added by L. 1892, ch. 676, taking efeot June 7, 1892.)
L. 1890. ch. 416.

§ 21. Any corporation, whose railroad is or shall be not longer than
sixteen miles and is or shall be in large part intended for or used in
summer travel or the convenience of summer sojourners need not
operate its road beyond the months of June, July, August and
September, inclusive. The motive power may be electricity. If the
road' be not longer than ten miles, such corporation may fix and col-
lect fare for transporting each paasenger, together with ordinary bag-
gage, if any, not to exceed fifteen cents for each mile and fraction
thereof. (As added by Laws of 1892, ch. 700, taking effect May 19, 1892.)
9

66 The Kaileoad Law.

AETICLE IL

Construction, Operation and Management.

Section 30. Liability of corporation to employes of contractor.

31. Weight of rail.

32. Fences, farm-crossings and cattle-guards.

33. Sign-boards and flagmen at crossings.

34. Notice of starting trains ; no preferences.

35. Accommodation of connecting roads.

36. Locomotives must stop at grade crossings.

37. Bates of fare .

38. Legislature may alter or reduce fare.

39. Penalty for excessive fare.

40. Passengers refusing to pay fare may be ejected.

41. Extra fare for sleeping car.

42. Persons employed as drivers and conductors.

43. Conductors and employes must wear badges.

44. Checks for baggage.

45. Penalties for in jury to baggage.

46. Unclaimed freight and baggage.

47. Tickets and checks for connecting steamboats.

48. Bights and liabilities as common carriers.

49. Duties imposed :

1. Switches.

2. Warning signals.

3. Ouard posts .

4. Automatic couplers.

5. Automaticor other safety brake.

6. Tools in passenger cars.

7. Water.

50. Eailroad commissioners may approve other safeguards

51. Use of stoves or furnaces prohibited.

52. Canada thistles to be cut.

63. Biding on platform; walking along track.

64. Corporations may establish ferries.

55. Certain railroia^ds may cease operations in winter.
66. Mails.

57. Corporations must make annual report.

58. When conductors and brakemen may be policemen.

68. Bequisites to exercise of powers of future railroad corporations.

§ 30. Liability of corporation to employes of contractor.—
An action may be maintained against any railroad corporation by any
laborer for the amount due him from any contractor for the construc-
tion of any part of its road, for ninety or any less number of days'
labor performed by him in constructing such road, if within twenty
days thereafter a written notice shall have been served upon the cor-
poration, and the action shall have been commenced after the expira-

The Eailroad Law. 67

tion of ten days and within six months after the service of such notice,
which shall contain a statement of the month and particular days
upon which the labor was performed and for which it was unpaid, the
price per day, the amount due, the name of the contractor from whom
due, and the section upon which performed, and shall be signed by
the laborer or his Attorney and verified by him to the effect that of
his own knowledgiB the statements contained in it are true. The
notice shall be served by delivering the same to an engineer, agent or
superintendent having charge of the section of the road, upon which
the labor was performed, personally, or by leaving it at his office or
usual place of business with some person of suitable age or discretion;
and if the corporation has no such agent, engineer or superintendent,
or in case he can not be found and has no place of business open,
service may in like manner be made on any officer or director of the
corporation.

§ 31. Weight of rail. — The rail used in the construction or the
relaying of the track of every railroad hereafter built or relaid in
whole or in part shall be of iron or steel, weighing not less than
twenty-five pounds to the lineal yard on narrow gauge roads, and on
all other roads not less than fifty-six pounds to the lineal yard on
grades of one hundred and ten feet to the mile or under, and not less
than seventy pounds to the lineal yard on grades of over one hundred
and ten feet to the mile, except for turnouts, sidings and switches.

§ 32. Fences, farm-crossings and cattle-guards.— Every
railroad corporation, and any lessee or other person in possession of
its road, shall, before the lines of its road are opened for use, and so
soon as it has acquired the right of way for its roadway erect and
thereafter maintain fences on the sides of its road of height and
strength sufficient to prevent cattle, horses, sheep and hogs from
going upon its road from- the adjacent lands with farm crossings and
openings with gates therein at such farm crossings whenever and
wherever reasonably necessary for the use of the owners and occu-
pants of the adjoining lands, and shall construct where not already
done, and hereafter maintain, cattle-guards at all road crossings, suit-
able and sufficient to prevent cattle, horses, sheep and hogs from
going upon its railroad. So long as such fences are not made, or are
not in good repair, the corporation, its lessees or other person in
possession of its road, shall be liable for all damages done by their
agents or engines or cars to any domestic animals thereon. When
made and in good repair, they shall not be liable for any such dam-
ages, unless negligently or willfully done. A sufficient post and wire

68 The Bailboao Law.

fence of requisite height shall be deemed a lawful fence within the
provisions of this section, but barbed wire shall not be used in its
construction. No railroad need be fenced, when not necessary to
prevent horses, cattle, sheep and hogs from going upon its track from
the adjoining lands. Every adjoining landowner, who, or whose
grantor, has received compensation for fencing the line of land
taken for a railroad, and has agreed to build and maintain a lawful
fence along such line, shall build and maintain such fence. If such
owner, his heir or assign shall not build such fence, or if built, sliall
neglect to maintain the same during the period of thirty days after he
has been notified so to do by the railroad corporation, such corpora-
tion shall thereafter build and maintain such fence, and may
recover of the person neglecting to build and maintain it the expense
thereof. And when such railroad shall cross timbered or forest
lands, the company shall construct and maintain suitable and suffi-
cient crossings, whenever and wherever reasonably necessary to enable
the respective owners of said lands, to transport logs, timber and
lumber for manufacture or sale, or for banking on any stream, to be
floated or driven down the same. In case of any neglect or dispute
the supreme court may by mandamus or other appropriate proceed-
ings, compel the same, and also fix the point or location of any such
crossing. (As amended by L. 1892, ch. 676, taking effect June 7, 1892.)

§ 33. Sign-boards and flagmen at crossings.— Every rail-
road corporation shall cause boards to be placed, well supported and
constantly maintained across each traveled public road or street,
where the same is crossed by its road at grade. They shall be ele-
vated so as not to obstruct travel, and to be easily seen by travelers;
and on each side shall be painted in capital letters, each at least nine
inches in length and of suitable width, the words: " Bailroad crossing;
look out for the cars; " but such boards need not be put up in cities
and villages, unless required by the officers having charge of the
streets. At any point where a railroad crosses a street, highway,
turnpike, plank-road, or traveled way at grade, or where a steam rail-
road crosses a horse railroad at grade, and the corporation owning or
operating such railroad, refuses, upon request of the local authorities
to station a flagman or erect gates, to be opened and closed when an
engine or train passes, the supreme court or the county court, may,
upon the application of the local authorities and upon ten days'
flotioe to the corporation, order that a flagman be stationed at such
point, or that gates shall be erected thereat, and that a person be sta-
tioned to open and close them when an engine or train passes, or may

The Eailboad Law. 69

make such other order respecting the same as it deems proper.
Whenever the crossings by a railroad at grade of the streets, high-
ways, turnpikes, plank-roads, or traveled ways of any village or city,
having a population by the last state or federal enumeration of less
than fifty thousand, shall be protected by gates with persons
to open and close the same, when an engine or train passes, the local
authorities of the city or village shall not impose any limitation, less
than forty miles an hour, on the rate of speed at which such engine
or train shall be run, or enforce any existing limitation upon such
rate of speed, less than forty miles an hour. {As amended by L. 1892,
ch. 676, taking effect June 7, 1892.)

§34. Notice of starting trains; no preferences.— Every
raUroad corporation shall start and run its cars for the transportation
of passengers and property at regular times, to be fixed by public
notice, and shall furnish sufficient accommodations for the transporta-
tion of all passengers and property which shall be offered for trans-
portation at the place of starting, within a reasonable time previously
thereto, and at the junctions of other railroads, and at the usual
stopping places established for receiving and discharging way passen-
gers and freight for that train; and shall take, transport and discharge
such passengers and property at, from and to, such places, on the due
payment of the fare or freight legally authorized therefor. No
station established by any railroad corporation for the reception or
delivery of passengers or property, or both, shall be discontinued
without the consent of the board of railroad commissioners first had
and obtained. No preference for the transaction of the business of a
common carrier upon its cars, or in its depots or buildings, or upon
its grounds, shall be granted by any raUroad corporation to any one
of two or more persons, associations or corporations competing in the
same business, or in the business of transporting property for them-
selves or others. Any such station in an incorporate village shall
have the same name as the village; if any road shall have more than
one such station in any such village, the station nearest the geographical
center thereof shall have such name. {As amended by L. 1892, oh 676,
taking effect June 7, 1892.)

§ 35. Accommodation of connecting roads.— Every railroad
corporation whose road, at or near the same place, connects with or is
intersected by two or mbre railroads competing for its business, shall
fairly and impartially afEord to each of such connecting or intersect-
ing roads equal terms of accommodation, privileges and facilities in
the transportation of cars, passengers, baggage and freight over and

70 The Eailroad Law.

upon its roads, and over and upon their roadsj and equal facilities in
the interchange and use of passenger, baggage, freight and other
cars required to accommodate the business of each road, and in fur-
nishing passage tickets to passengers who may desire to make a con-
tinuous trip over any part of its roads and either of such connecting
roads. The board of railroad commissioners may, upon application of
the corporation owning or operating either of the connecting or inter-
secting roads, and upon fourteen days' notice to the corporation own-
ing or operating the other road, prescribe such regulations as will
secure, in their judgment, the enjoyment of equal privileges, accom-
modations and facilities to such connecting or intersecting roads as
may be required to accommodate the business of each road, and the
terms and conditions upon which the same shall be afforded to each
road. The decision of the commissioners shall be binding on the
parties for two years, and the supreme court shall have power to com-
pel the performance thereof by attachment, mandamus, or otherwise.

§ 36. liocomotives must stop at grade crossings.— All trains
and locomotives on railroads crossing each other at grade shall come
to a full stop before crossing, not less than two hundred or more
than eight hundred feet from the crossing, and shall then cross only
when the way is clear and upon a signal from a watchman stationed
at the crossing. If the corporations can not agree as to the expense
of the watchman, it shall be determined by the supreme court, upon
motion thereto by either of them. If the corporations disagree as to
the precedence of trains, the board of railroad commissioners may,
after hearing, upon the application of either corporation, prescribe
rules in relation thereto. The full stop and crossing on signal may
be discontinued if the board of railroad commissioners shall decide it
to be impracticable, or if, with the approval of the commissioners, an
interlocking switch and signal apparatus is adopted and put in
operation at such a crossing. The full stop and crossing on signal
shall not be required in depot yards, or the approaches thereto, if the
crossing roads are under lease or subject to the same management or
control in the use of tracks. An engineer, violating the foregoing
provisions of this section, or any such rule of the railroad commis-
sioners, shall be liable to a penalty of one hundred dollars; and any
corporation or person operating the railroad, violating any of such
provisions or rules shall be liable to a penalty of five hundred dollars.
No railroad corporation, or any officer, agent or employe thereof, shall
stop its cars, horses, or locomotives upon a grade crossing of a rail-
road of another corporation, for the purpose of receiving or deliver-
ing passengers or freight, or other purpose, and any person or cor-

The Bailroad Law. 71

poration violating this provision, shall be liable to a penalty of two
hundred and fifty dollars.

§ 37. Rates of fare. — Every railway corporation may fix and col-
lect the following rates of fare as compensation to be paid for
transporting any passenger and his baggage, not exceeding one
hundred and fifty pounds in weight, for each mile or fraction of a mile :

1. Where the motive power is rope orcable, propelled by stationary
power, five cents, with right to a miomm rn fare of ten cents; but if
the railroad is less than two miles in length, and overcomes an eleva-
tion of five hundred feet or more to the mile, five cents for each one
hundred feet of elevation so overcome, and the same rates of fare if
the motive power is locomotives, furnished with cogs working into
cogs on the railway, and the length of road does not exceed four
miles. V

2. If a road, not incorporated prior to May 15, 1879, and not located
in the counties of New York and Kings, or within the limits of any
incorporated city, and not more than twenty-fiva miles in length, five
cents; if over twenty-five and not more than forty miles, four cents;
and if over forty miles, three cents. Where by the laying down of a
third rail upon a railroad of the ordinary gauge, a narrow-gauge
track is created and used for the transportation of passengers, and
the length of road does not exceed six miles, including any connecting
road of the same gauge, such railroad, for the imrpose of fare, shall
be deemed a narrow-gauge road.

3. If its railroad overcomes an elevation of two hundred feet to the
mile, for at least two consecutive miles, and does not exceed twenty
miles in length, ten cents; if it overcomes an elevation exceeding
three hundred feet to the mile, within a distance of two miles, five
cents for each one hundred feet of elevation; and where it overcomes
an elevation of more than one thousand feet, within a distance of two
miles, seven cents for each one hundred feet of elevation in a mile.

4. If the line of its road does not exceed fifteen miles in length,
and does not enter or traverse the limits of any incorporated city,
and the distance traveled thereon by the passenger does not exceed
one mile, five cents.

5. In all other cases, three cents for every such mile or fraction
thereof, with a right to a minimum single fare of not less than five
cents.

This chapter shall not be construed to allow any rate of fare
for way passengers greater than two cents per mile to be
charged or taken over the track or tracks of the railroad known as
the New York central railroad company, and the rate of fare for way

72 The Eaileoad Law.

passengers over the track or tracks of such company shall continue to
be two cents per mile and no more, wherever it is restricted to that
rate of fare, nor shall any consolidated railroad corporation charge a
higher rate of fare per passenger per mile, upon any part or portion
of the consolidated line than was allowed by law to be charged by
each existing corporation thereon previously to such consolidation. —
{As amended by L. 1892, ch. 676, taMng effect June 7, 1892.)

§ 38. Legislature may alter or reduce fare. — The legislature
may, when any such railroad shall be opened for use, from time to
time, alter or reduce the rate of freight, fare or other profits upon
such road; but the same shall not, without the consent of the corpora-
tion, be so reduced as to produce with such profits less than ten per
centum per annum on the capital actually expended; nor unless on an
examination of the amounts received and expended, to be made by
the board of railroad commissioners, they shall ascertain that the net
income derived by the corporation from all sources, for the year then
last past, shall have exceeded an annual income of ten per cent upon
the capital of the corporation actually expended.

§ 39. Penalty for excessive fare. — Any railroad corporation,
which shall ask or receive more than the lawful rate of fare, unless
such overcharge was made through inadvertence or mistake, not
amounting to gross negligence, shall forfeit fifty dollars, to be
recovered with the excess so received by the party paying the same ;
but no action can be maintained therefor, unless commenced within
one year after the cause of action accrued.

§ 40. Passenger refusing to pay fare may be ejected.— If
any passenger shall refuse to pay his fare the conductor of the train,
and the servants of the corporation, may put him and his baggage out
of the cars, using no unnecessary force, on stopping the train, at any
usual stopping place, or near any dwelling-house, as the conductor
may elect.

§ 41. Sleeping and parlor cars.— Any railroad corporation
may contract with any person, association or corporation for the
hauling by the special or regular trains of said railroad corporation,
the parlor, drawing-room or sleeping car or cars of such person,
association or corporation, in which extra accommodations shall be
furnished, for which said person, association or corporation furnish-
ing such parlor, drawing-room or sleeping car or cars, may charge
for the carriage and transportation of persons and property therein
a reasonable compensation for such extra accommodation, in addition

The Eailboad Law. 73

to the fare and charges now allowed by law for the carriage acd
transportation of passengers and property in the ordinary cars of said
railroad corporation. But said railroad corporation so contracting
shall be liable in the same way and to the same extent as if the said
car or cars were owned by it, and shall furnish sufficient ordinary
cars for the reasonable accommodation of the traveling public. {As
amended by L. 1892, ch. 676, taking effeot June 7, 1892.)

§ 42. Persons employed as drivers and conductors.— Any

railroad corporation may employ any inhabitant of the state, of the
age of twenty-one years, not addicted to the use of intoxicating liquors,
as a car driver or conductor, or in any other capacity, if fit and
competent therefor.

§ 43. Conductors and employes must wear badges.—
Every conductor and employe of a railroad corporation employed in
a passenger train, or at stations for passengers, shall wear upon his
hat or cap a badge, which shall indicate his office or employment, and
the initial letters of the corporation employing him. No conductor
or collector without such badge shall demand or receive from any
passenger any fare or ticket or exercise any of the powers of his
employment. No officer or employe without such badge shall meddle
or interfere with any passenger, his baggage or property. {As
amended by L. 1892, ch. 676, toMng effect June 7, 1892.)

§44. Checks for baggage. — A check, made of some proper
metallic substance of convenient size and form, plainly stamped with
numbers, and furnished with a convenient strap or other appendage
for attaching to baggage, shall be affixed to every piece or parcel of
baggage when taken for transportation for a passenger by the agent
or employe of such corporation, if there is a handle, loop or fixture
therefor upon the piece or parcel of baggage, and a duplicate thereof
given to the passenger or person delivering the same for him. If
such check be refused on demand the corporation shall pay to the
passenger the sum of ten dollars, and no fare shall be collected or
received from him; and if he shall have paid his fare it shall be
refunded to him by the conductor in charge of the train. Such bag-
gage shall be delivered, without unnecessary delay, to the passenger
or any person acting in his behalf at the place to which it was to be
transported, where the cars usuaUy stop, or at any other regular
intermediate stopping place, upon notice to the baggage-master in
charge of baggage on the train, of not less than thirty minutes, upon
presentation of such duplicate check to the officer or agent of the
railroad corporation, or of any corporation, over any portion of whose
10

74 The Eaileoad Law.

road it was transported. (As amended by L. 1892, ch. 676, taking effect
June 7, 1892.)

§ 45. Penalties for injuries to baggage.— Any persons, whose
duty it is for or on behalf of the common carrier to handle, remove, or
care for the baggage of passengers, who shall recklessly or willfully
injure or destroy any trunk, valise, box, bag, package or parcel, while
loading, unloading, transporting, delivering or storing the same, or
any railroad corporation, which shall knowingly keep in its employ-
ment any such willful or reckless person, or which shall permit any
injury or destruction of such property, through failure to provide
sufficient help and facilities for the handling thereof, shall pay to the
party injured thereby the sum of fifty dollars, in addition to such
damages.

§46. Unclaimed freight and baggage. — Every railroad or
other transportation corporation, doing business in this state, which
shall have unclaimed freight or baggage, not perishable, in its posses-
sion for the period of one year, may sell the same at public auction,
after giving notice to that effect, once a week for not less than four
weeks in a newspaper published in the county where the freight or
baggage remains unclaimed, and in a newspaper published in the
county where the sale is to be had, and in a newspaper published in
the city of New York, which notice shall contain, as near as practica-
ble, a description of such freight or baggage, the place and time
when left, and the name of the owner, if known. A copy of such
notice shall be posted in a conspicuous place at each depot or station,
where any portion of such freight or baggage remains unclaimed, at
least four weeks before such sale, and a copy thereof shall be served
on the comptroller of the state, at least two weeks before such sale.
If the name and residence of the owner of any such property is
known to, or can be ascertained by, the corporation, it shall forthwith
serve a copy of such notice upon such owner by mail. Perishable
freight or baggage may be sold without notice, as soon as it can be,
upon the best terms that can be obtained. All moneys arising from
the sale of such freight or baggage, after deducting therefrom charges
and expenses for transportation, storage, advertising, commissions for
selling the property, and any amount previously paid for its loss or
non-delivery, shall be deposited, by the corporation making such sale,
with a report thereof, and proofs of advertisement, if any, and if none,
proofs that the property was perishable, with the comptroller for the
benefit of the general fund of the state, and shall be held by him in
trust for reclamation by the persons entitled to receive the same. (4s
amended by L. 1892, ch. 676, taking effect June 7, 1892.)

The Bailboad Law. 75

§ 47. Tickets and checks for connecting steamboats.— The
proprietors of any line of steamboats, terminating or stopping for
passengers at any place where a railroad corporation has a depot or
station, may furnish tickets and baggage checks to such corporation
for the use of passengers, traveling over its road, who desire to con-
nect with such line of boats at any such place, and the railroad
corporation shall sell such tickets and deliver a duplicate of one of
such checks to any such passenger applying therefor, and shall
account for and pay over to the proprietor of such line of boats all
moneys received by it for the sale of such tickets; and any such rail-
road corporation may furnish tickets and checks for baggage to the
proprietors of any such line of steaimboats for the use of passengers
traveling over any part of such line of boats, who desire to connect
with the railroad of any such corporation at any such place, and such
proprietors shall sell such tickets and deliver a duplicate of one of
such checks to any such passenger applying therefor, and shall
account for and pay over to such corporation all moneys received by
them for the sale of such tickets. No greater rate of fare shall be
charged by any railroad corporation to any such passenger for the
distance traveled over its road than is charged to travelers for the
same distance whose trip ends at the place where connection is made
with any such line of boats, and no greater rate of fare shall be charged
by the proprietors of any such steamboat line to any such passenger
for the distance traveled over its line, than is charged to travelers for
the same distance whose trip ends at the place where connection is
made with any such railroad. Any additional cost of transfer of a
passenger or his baggage from railroad depot or station to steamboat
landing, or from steamboat landing to depot or station, shall be borne
by the passenger or the proprietors of the steamboat line or the rail-
road corporation at whose instance or for whose benefit such transfer
is made. Every railroad corporation and the proprietors of any line
of steamboats, their agents or servants, who shall neglect or refuse to
sell tickets or furnish a check to any passenger applying for the same,
when the same shall have been furnished to them, shall pay to such
passenger the sum of ten dollars, and no fare or toll shall be collected
from him for riding over such road or upon such boats, as the case
may be; and in addition thereto any railroad corporation so neglect-
ing or refusing, shall pay the proprietors of such line of boats two
hundred and fifty dollars for each day it shall so neglect or refuse ;
and the proprietors of any such line of boats so neglecting or refus-
ing, shall pay to such railroad corporation a like sum for each day
they shall so neglect or refuse.

76 The Bailboad Law.

Every such railroad corporation shall also receive any freight which
shall be delivered at any station on the line of its road, marked to go
by way of boat or any particular line of boats from any station on its
road at which such boat or line of boats terminates or stops for
freight, and shall transport such freight with all convenient speed to
such station, and on its arrival there cause the proprietors of the
steamboat line by which it is directed to be sent, or their agent, to be
notified of such arrival, and shall deliver such freight to such pro-
prietors or their agent with the bill of charges thereon due such rail-
road corporation, for the payment of which charges the proprietor or
proprietors of such steamboat line shall be responsible, and shall
account for and pay the same to such railroad corporation on demand.
The railroad corporation shall not charge for the transportation of
such freight over its road any greater sum pro rata than it charges
for carrying the same kind of freight the same distance over its road,
if it was to be transported by such corporation by rail to its final
destination, or to the terminus of the road of such corporation in case
it terminates before such final destination is reached. Any freight
delivered by the proprietors of any steamboat or steamboat line, or
their authorized agent, at any station, at a place where such steam-
boat or steamboats have a landing, to any such railroad corporation,
for transportation over its road or any part thereof, shall be trans-
ported by such corporation to its place of destination for the same
price pro rata which would be charged for the same kind of freight
the same distance over its road, if the same had been taken on at
the point of first shipment by boat, or at the terminus of the road
of such corporation, in case it does not extend to the point of first
shipment.

§ 48. Rights and liabilities as common carriers.— Every
railroad corporation doing business in this state shall be a common
carrier. Any one of two or more corporations owning or operat-
ing connecting roads, within this state, or partly within and
partly without the state, shall be liable as a common carrier, for the
transportation of passengers or delivery of freight received by it to
be transported by it to any place on the line of a connecting road;
and if it shall become liable to pay any sum by reason of neglect or
misconduct of any other corporation it may collect the same of
the corporation by reason of whose neglect or misconduct it
became liable. {As amended by L. 1892, ch. 676, taking efect June 7,
1892.)

The Bailroad Law. 77

§49. Switclies; warning signals; gruard-posts; automatic
couplers; automatic or other safety brake; tools in pas-
senger car; 'water. — It shall be the duty of every railroad corpo-
ration operating its road by steam:

1. To lay, in the construction of new and in the renewal of existing
switches, upon freight or passenger main line tracks, switches on the
principle of either the so-called Tyler, Wharton, Lorenze, or split,
point switch, or some other kind of safety switch, which shall prerent
the derailment of a train, when such switch is misplaced or a switch
interlocked with distant signals.

2. To erect and thereafter maintain such suitable warning signals
at every road, bridge, or structure which crosses the railroad above
the tracks, where such warning signals may be necessary, for the pro-
tection of employes on top of cars from injury.

3. To place guard-posts in the prolongation of the line of bridge
trusses so that in case of derailment, the posts, and not the bridge
trusses, shall receive the blow of the derailed locomotive or car.

4. To use upon every new freight car, built or purchased for use,
couplers which can be coupled and uncoupled automatically, without
the necessity of having a person guide the link, lift the pin by hand,
or go between the ends of the cars.

5. To attach to every car used for passenger transportation an auto-
matic air-brake or other form of safety-power brake, applied from the
locomotive, excepting cars attached to freight trains, the schedule
rate of speed of which does not exceed twenty miles an hour.

6. To provide each closed ear, in use in every passenger train owned
or regularly used upon a railroad, with one set of tools, consisting of
an axe, sledge-hammer, crow-bar, and handsaw, to be properly placed
so as to be easily removed.

7. To provide, in each passenger car, where the line of road shall
exceed forty continuous miles in length, a suitable receptacle for
water, with a cup or drinking utensil attached upon or near such
receptacle, and to keep such receptacle, while the car is in use, con-
stantly supplied with cool water.

Every corporation, person or persons, operating such railroad, and
violating any of the provisions of this section, except subdivision seven^
shall be liable to a penalty of one hundred dollars for each offense,
and the further penalty of ten dollars for each day that it shall omit
or neglect to comply with any of such provisions. For every viola-
tion of the provisions of the seventh subdivision of this section every
such corporation shall be liable to a penalty of twenty-five dollars for
each offense.

78 The Eailroad Law.

§ 50. Railroad commissioners may approve other safe-
guards. — The board of railroad commissioners may, on the applica-
tion of any railroad corporation, authorize it to use any other
safeguard or device approved by the board, in place of any safeguard
or device required by this article, which shall thereafter be used in
lieu thereof, and the same penalties for neglect or refusal to use the
same shall be incurred and imposed as for a failure to use the safe-
guard or device hereinbefore required, in lieu of which the same is to
be used.

§ 51. TJse of stoves or furnaces prohibited. — It shall not be
lawful for any railroad corporation, operating a steam railroad in this
state, of the length of fifty miles or more, excepting foreign railroad
corporations, incorporated without the jurisdiction of the United
States, running cars upon tracks in this state for a distance of less
than thirty miles, to heat its passenger cars, on other than mixed
trains, excepting dining-room cars, by any stove or furnace kept
inside the car, or suspended therefrom, unless in case of accident or
other emergency, when it may temporarily use such stove or furnace
with necessary fuel, and in cars which have been equipped with
apparatus to heat by steam, hot water or hot air from the locomotive,
or from a special car, the present stove may be retained to be used
only when the car is standing still, and no stove or furnace shall be
used in any dining-room car, except for cooking purposes, and of a
pattern and kind to be approved by the railroad commissioners. Any
person or corporation, violating any of the provisions of this section,
shall be liable to a penalty of one thousand dollars, and to the further
penalty of one hundred dollars for each and every day during which
such violation shall continue.

§52. Canada thistles to be cut.— Every railroad corporation
doing business within this state, shall cause all Canada thistles, white
and yellow daisies and other noxious weeds growing on any lauds
owned or occupied by it, to be cut down twice in each and every year,
once between the fifteenth day of June and the twenty-fifth day of
June, and once between the fifteenth day of August and the twenty-
fifth day of August. If any such corporation shall neglect to cause
the same to be so cut down, any person may cut the same, between
the twenty- fifth day of June and the fifth day of July inclusive, and
between the twenty-fifth day of August and the fifth day of September
inclusive in each year, at the expense of the corporation on whose
lands the same shall be so cut, at the rate of three dollars per day for
the time occupied in cutting.

The Eailroad Law. 79

§ 53. Riding on platform; walking along track.— No rail-
road corporation shall be liable for any injury to any passenger while
on the platform of a car, or in any baggage, wood or freight car, in
violation of the printed regulations of the corporation, posted up at
the time in a conspicuous place inside of the passenger cars, then in
the train, if there shall be at the time sufficient room for the proper
accommodation of the passenger inside such passenger cars. No
person other than those connected with or employed upon the rail-
road shall walk upon or along its track or tracks, except where the
same shall be laid across or along streets or highways, in which case
he shall not walk upon the track unless necessary to cross the same.
Any person riding, leading or driving any horse or other animal upon
any railroad, or within the fences and guards thereof, other than at a
farm or street or forest crossing, without the consent of the corpora-
tion, shall forfeit to the people of the state the sum of ten dollars, and
pay all damages sustained thereby to the party aggrieved. {As
amended by L. 1892, ch. 676, taking effect June 7, 1892.)
L. 1850, ch. 140, § 44.

§ 54 Corporations may establish ferries.— Any steam rail-
road corporation, incorporated under the laws of this state, with a
terminus in the harbor of New York, may purchase or lease boats
propelled by steam or otherwise, and operate the same as a ferry or
otherwise, over the waters of the harbor of New York, but this section
shall not be construed to affect the rights of the cities of New York and
Brooklyn. {As amended by L. 1892, ch. 676, taking effect June 7, 1892.)

§ 55. Certain railroads may cease operation in winter. —
The directors of any railroad corporation operating a railroad,
constructed and used principally for transporting lumber or ores, dur-
ing the summer months, or for summer travel, may, by a resolution
duly passed at a meeting thereof, apply to the board of railroad
commissioners for permission to cease the operation of their road
during the winter season, for a period not exceeding seven months in
any one year, specifying the date of such suspension, and the date of
the reopening thereof; and such board may, in their discretion, make
an order granting the application wholly or in part, and thereupon
such railroad corporation shall be relieved of the duty of operating its
road during the period specified in the order. A copy of such order
shall be posted in all the depots and at the termini of such railroad, and
published in every newspaper in each town in any part of which such
road shall be constructed at least four weeks prior to the date of
such suspension.

80 The Eailboad Law.

§ 56. Mails. — Any railroad corporation shall, when applied to by
the postmaster-general, convey the mails of the United States on its
road, and in case such corporation and the postmaster-general shall
not agree as to the rate of transportation therefor, and as to the
time, rate of speed, manner and condition of carrying the same, the
board of railroad commissioners shall fix the prices, terms and con-
ditions therefor, after giving the corporation reasonable oppor-
tunity to be heard. Such price shall not be less for carrying
such mails in the regular passenger trains than the amount which
such corporation would receive as freight on a like weight of mer-
chandise transported in their merchandise trains, and a fair compen-
sation for the post-office car. If the postmaster-general shall require
the mail to be carried at other hours, or at higher speed than the
passenger trains are run, the corporation shall furnish an extra train
for the mail, and be allowed an extra compensation for the expenses
and wear and tear thereof, aod for the service to be fixed as herein
provided.

Every railroad corporation refusing or neglecting to comply with
any provision of this section shall forfeit to the people of the state one
hundred dollars for every day such neglect or refusal continues. {As
amended by L. 1892, ch. 676, taking effect June 7, 1892.)
L. 1847, ch. 215, § 17.

§ 57. Corporations must make annual report.— Every per-
son or corporation owning, leasing, operating or in possession of a
railroad, wholly or partly, in this state, shall make an annual report
to the board of railroad commissioners of its operations for the year
ending with June thirtieth, and of its condition on that day which
shall be verified by the oaths of the president, or treasurer, and the
general manager, or acting superintendent, and shall be filed in the
office of such board on or before September first in each year. Every
such person or corporation shall make quarterly and further reports
to such board in the form and within the time prescribed by it. Such
board may in its discretion change the date of the annual report and
of filing the same, but the length of time between the date of the
annual report and the filing of the same shall not be less than herein
prescribed. Any person or railroad corporation which shall neglect
to make any such report, or which shall fail to correct any such
report within ten days after notice by the board of railroad commis-
sioners, shall be liable to a penalty of two hundred and fifty dollars,
and an additional penalty of twenty-five dollars for each day after
September first on which it shall neglect to file the same, to be sued
for in the name of the people of the state of New York, for their use.

The Eailkoad Law. 81

The board of railroad comn\issioners may extend the time herein
limited for cause shown, (^s amended by L. 1892. ch. 676, taking effect
June 1, 1892.)

L. 1890, ch. 98, § 2.

§ 58. When conductors and brakemen may be policemen.
The governor may appoint any conductor or brakemen on any
train conveying passengers on any steam railroad in this state, a
policeman, with all the powers of a policeman in cities and villages,
for the preservation of order and of the public peace, and the arrest
of all persons committing offenses upon the land or property of the
corporation owning or operating such railroad; and he may also
appoint, on the application of any such corporation or of any steam-
boat company, such additional policemen, designated by it, as he may
deem proper, at any station, who shall have the same powers, but not
more than one at any one station. Every such policeman shall, within
fifteen days after receiving his commission, and before entering upon
the duties of his office, take and subscribe the constitutional oath of
office, and file it with his commission in the office of the secretary of
state, who shall thereupon transmit to the county clerk of each county
in which such policeman is authorized to act a certificate, under his
hand and official seal, setting forth the appointment and the filing of
the commission and oath, which certificate shall be filed by the county
clerk. Every such policeman shall, when on duty wear a metallic
shield with the words " Railway police," or " Steamboat police," as
the case may be, and the name of the corporation for which appointed
inscribed thereon, which shall always be worn in plain view, except
when employed as a detective. The compensation of every such
policeman shall be such as may be agreed upon between him and the
corporation for which he is appointed and shall be paid by the
corporation. When any corporation shall no longer require the
services of any such policeman, they may file notice to that effect in
the several offices in which notice of his appointment was originally
filed, and thereupon such appointment shall cease and be at an end.

§ 59. Requisites to exercise of powers of future railroad
corporations. — No railroad corporation hereafter formed under the
laws of this state shall exercise the powers conferred by law upon
such corporations or begin the construction of its road until the
directors shall cause a copy of the articles of association to be pub-
lished in one or more newspapers in each county in which the road is
proposed to be located, at least once a week for three successive
11

82 The Eailboad Law.

weeks, and shall file satisfactory proof thereof with the board of rail-
road commissioners; nor until the board of railroad commissioners
shall certify that the foregoing conditions have been complied with,
and also that public convenience and necessity require the construc-
tion of said railroad as proposed in said articles of association. The
foregoing certificate shall be applied for within six months after the
completion of the three weeks' publication hereinbefore provided for.
If a certificate is refused no further proceedings shall be had before
said board, but the application may be renewed after one year from
the date of such refusal. Prior to granting or refusing said certificate
the board shall have a right to permit errors, omissions or defects
to be supplied and corrected. After a refusal to grant such certificate
the board shall certify a copy of all maps and papers on file in its
office and of the findings of the board when so requested by the
directors aforesaid. Such directors may thereupon present the
same to a general term of the supreme court of the department
within which said road is proposed in whole or in part to be
constructed, and said general term shall have power, in its discretion,
to order said board, for reasons stated, to issue said certificate,
and it shall be issued accordingly. Such certificate shall be filed
in the office of the secretary of state, and a copy thereof, certified
to be a copy by the secretary of state, or his deputy, shall be evidence
of the facts therein stated. Nothing in this section shall prevent any
such railroad corporation from causing such examinations and sur-
veys for its proposed railroad to be made as may be necessary to the
selection of the most advantageous route; and for such purpose by
its officers or agents and servants, to enter upon the lands or waters
of any person, but subject to the responsibility for all damages which
shall be done thereto. This section shall not apply to street railroads.
{As amended by L. 1892. ch. 676, taking effect June 7, 1892.)

AETICLE ni.

Consolidation, Lease, Sale and Reorganization.

Seotion 70. Consolidation of corporations owning continuous lines.

71. Conditions.

1. Joint agreement ; amount of capital stock.

2. Agreement to be submitted to meeting of stockholders.

72. New corporation.

73. Creditors' rights not to be impaired.

74. Assessment of property of new corporation.

75. Stock of municipal corporation, how represented.

The Railboad Law. 83

Section 76. Foreclosure of mortgages made by consolidated railroads
partly in the state.

77. Powers of corporation of other states.

78. Lease of road.

79. Lessees of railroad may acquire stock therein.

80. Consolidation and lease of parallel lines prohibited.

81. Mortgagees may purchase at foreclosure sale.

82. Certificates of stock may be issued after foreclosure in certain

cases.

83. Liabilities of reorganized railroad corporations.

§ 70. Consolidation of corporations owning continuous
lines. — Any railroad or other corporation, organized under the laws
of this state, or of this state and any other state, and owning or
operating a railroad or bridge or tunnel, either wholly within or
partly within, and partly without the state, or whose lines or routes
of road have been located but not constructed, may merge and con-
solidate its capital stock, franchises and property with the capital
stock, franchises and property of any other railroad, tunnel or bridge
corporation or corporations, organized under the laws of this state, or
of this state and any other state, or under the laws of any other state
or states, whenever the two or more railroads, of the companies or
corporations so to be consolidated, tunnels, bridges or branches or
any part thereof, or the line or routes of their road, if not constructed,
shall or may form a continuous or connected line of railroad with each
other or by means of any intervening railroad bridge, tunnel or ferry,
and any such consolidated corporation may thereupon construct or
finish the construction of such continuous line of railroad, if not
previously constructed, and operate the same, subject to all provisions
of law applicable to such railroad corporations. Where the road to
be operated is in whole or in part a tunnel or subsurface road, author-
ized by section 16 of this chapter, its consolidation with another road
or roads under the provisions of this section shall not prevent any
connecting railroad from having equal rights of transit for its passen-
gers and freight through or over the tunnel or bridge of any such
road, upon the same equitable terms, nor shall such consolidation be
made where such tunnel or subsurface road exceeds five miles in
length. (.4* amended by L. 1882, ch. 676, talcing effect June 7, 1892.)

§ 71. Conditions. — Such consolidation shall be made in the
following manner:

1. Joint agreement ; amount of capital stock. — The
directors of the corporations proposing to consolidate may enter into
a joint agreement, under the corporate seal of each corporation, for

84 The Kailboad Law.

the consolidation of Buch corporations, and prescribing the terms and
conditions thereof, the mode of carrying the same into effect, the
name of the new corporation, the number and names of the directors
and other officers thereof, and who shall be the first directors and officers
and their places of residence, the number of shares of the capital
stock, the amount or par value of each share, and the manner of
converting the capital stock of each corporation into that of the new
corporation, and how and when the directors and officers shall be
chosen, with such other details as they shall deem necessary to
perfect such new organization and the consolidation of such corpora-
tions. But in no case shall the capital stock of the corporation formed
by such consolidation exceed the sum of the capital stock of the
corporations so consolidated, at the par value thereof. Nor shall any
bonds or other evidences of debt be issued as a consideration for, or
in connection with, such consolidation.

2. Agreement to be submitted to meeting of stock-
holders. — If stockholders owning two-thirds of all the stock of each
of such corporations shall, by a consent in writing, acknowledged as
are deeds entitled to be recorded and indorsed upon said lease or
agreement, signify their assent thereto, it shall be deemed and taken
as the adoption of such agreement by and on behalf of such corpora-
tion, and the original or a certified copy thereof shall be filed as
hereinafter provided. If such agreement shall not be consented to in
writing by holders of two-thirds of the stock of either of such
corporations as hereinbefore provided, such agreement, shall be
submitted to the stockholders of each of such corporations at a
meeting thereof called separately for the purpose of taking the same
into consideration. Due notice of the time and place of holding such
meeting, and the object thereof, shall be given by each corporation
to its stockholders by written or printed notices addressed to each of
the persons in whose names the capital stock of such corporation
stands on the books thereof, and delivered to such persons respec-
tively, or sent to them by mail, when their post-office address is
known to the corporation, at least thirty days before the time of
holding such meeting, and also by a general notice published at least
once a week for four weeks successively in some newspaper printed in
the city, town or county where such corppration has its principal
office or place of business. At such meeting of stockholders such
agreement shall be considered, and a vote by ballot taken for the
adoption or rejection of the same, and if the votes of the stockholders
owning at least two-thirds of the stock of each corporation present

The Eailboao Law. 85

and voting in person or by proxy shall be for tte adoption of such
agreement, then that fact shall be certified thereon by the secretaries
of the respective corporations, under the seal thereof, and the agree^
ment so adopted, or a certified copy thereof, shall be filed in the
office of the secretary of state, and in the office of the clerk of the
county where the new corporation is to have its principal place of
business, and shall from thence be deemed and taken to be the
agreement and act of consolidation of such corporations, and there-
after such corporations, parties thereto, shall be one corporation by
the name provided in such agreement, but such act of consolidation
shall not release such new corporation from any of the restrictions,
liabilities or duties of the several corporations so consolidated. {As
amended by L. 1892, ch. 676, talcing effect June 7, 1892.)

Typographical error corrected.

§ 72. Ne'W corporations. — Upon the consummation of such
act of consolidation all the rights, privUeges, exemptions and fran-
chises of each of the corporations, parties to the same, and all the
property, real, personal and mixed, and all the debts due on
whatever account to either of them, as well as all stock subscriptions
and other things in action belonging to either of them shall be taken
and deemed to be transferred to and vested in such new corporation,
without further act or deed; and all claims, demands, property, rights
of way, and every other interest shall be as effectually the property
of the new corporation as they were of the former corporations
parties to such agreement and act ; and the title to all real estate,
taken by deed or otherwise, under the laws of this state, vested in
either of such corporations, parties to such agreement and act, shall
not be deemed to revert or be in any way impaired by reason of this
act, or anything done by virtue thereof, but shall be vested in the
new corporation by virtue of such act of consolidation. And it shall
be lawful for any railroad company or corporation, now or hereafter
formed by the consolidation of one or more railroad companies or
corporations organized under the laws of this state, or under the
laws" of this state and other states, with one or more railroad
companies or corporations organized under the laws of any other
state, or of the laws of this state and other states, to issue its
bonds for the purpose of paying or retiring any bonds theretofore
issued by either of said companies or corporations so consolidated,
or for any purpose and to the amount authorized by the laws of
the state under which either of said companies or corporations
so consolidated was organized, and secure the same by a mortgage

86 The Eailboad Law.

upon its real or personal property, franchises, rights and privileges,
whether within or without this state, and subject to the remedies for
the enforcement of the same under the laws of either of said states.
Nothing in this act contained shall authorize the execution of any
such mortgage without the consent of the stockholders as now
required by the laws of this state, nor compel any bondholder to
accept payment in whole or in part of any bond or bonds held by
him or to surrender the same before they shall become due. (Thus
amended by L. 1891, ch. 362.)

§ 73. Creditors' rigMs not to be impaired.— The rights
of all creditors of, and all liens upon the property of, either of
such corporations, parties to such agreement and act, shall be
preserved unimpaired, and the respective corporations shall be
deemed to continue in existence to preserve the same, and all debts
and liabilities incurred by either of such corporations shall thenceforth
attach to such new corporation, and be enforced against it and
its property to the same extent as if incurred or contracted by it.
No actions or proceedings in which either of such corporations is a
party shall abate or be discontinued by such agreement and act of
consolidation, but may be conducted to final judgment in the names
of such corporations, or such new corporation may be, by order of the
court, on motion substituted as a party.

§ 74. Assessment of property of new corporation.— The

real estate of such new corporations, situate within this state, shall be
kassessed and taxed in the several towns and cities where the same shall
be situated in like manner as the real estate of other railroad cor-
porations is or may be taxed and assessed, and such proportion of the
capital stock and personal property of such new corporation shall in
like manner be assessed and taxed in this state, as the number of
miles of its railroad situate in this state bears to the number of miles
of its railroad situate in the other state or states.

§ 75. Stock of municipal corporation, how represented.

At any meeting of the stockholders of any railroad corporation to
consider any agreement or proposition to consolidate, the commis-
sioners or other officers of any municipal corporation holding or hav-
ing charge of any of the capital stock of such railroad corporation
shall represent such municipal corporation, and may act and vote in
person or by proxy on all matters relating to such consolidation in the
same manner as individual stockholders.

The Eaileoad Law. 87

§ 76. Foreclosure of mortgag-es made by consolidated
railroads partly in the state. — Whenever a railroad corporation
whose line of road lies partly in this state and partly in another state
or states, shall have been created by the consolidation of a railroad
corporation of this state with a railroad corporation or corporations
of another state or states, and shall have executed a mortgage upon
its entire line of railroad, and a sale of the entire line of road under
such mortgage shall have been or may hereafter be ordered,
adjudged and decreed by a court of competent jurisdiction of the
state or states in which the greater part of such line of railroad may
be situated, upon the confirmation of such judgment or' decree, and of
the sale made thereunder, by the supreme court of this state in the
judicial district in which some part of such line of road is situated;
such sale shall operate to pass title to the purchaser of that part of
the line of railroad Jying in this state, together with its appurte-
nances and franchises, with the same force and effect as if the judg-
ment or decree under which such sale is had, had been made by a
court of competent jurisdiction of this state. Such judgment or
decree and sale may be so confirmed in any action now pending, or
that may hereafter be brought in the supreme court, for the fore-
closure of such mortgage or in aid of an action for that purpose
pending in such other state, if it shall appear that such confirmation
is for the interest of the public and of the parties, due and lawful
provision being made for and in respect of any liens upon that part of
the line of road or other property sold situate in this state, and for
such costs, expenses and charges as may appear to be just and lawful.
If a receiver of the entire line of such railroad shall have been, or
may hereafter be appointed by such court of competent jurisdiction
of the state in which the greater part of the line of railroad is
situated, such receiver may perform, within this state, the duties of
his office not inconsistent with the laws of this state, and may sue and
be sued in the courts of this state.

§ 77. Powers of corporations of other states. — A railroad
corporation created under the laws of the state in which the greater
part of the line of such railroad may be situated, for the purpose of
taking title to and operating the entire line of railroad, so sold as
provided in the preceding section, with its franchises and appurte-
nances, the judgment, decree and sale having been duly confirmed
and approved, as therein provided, may hold, possess and operate
that part of the line of such railroad lying in this state, and shall
have all the rights and franchises theretofore possessed by the cor-

88 The Eailboad Law.

poration executing the mortgage under which such sale was made,
and such as now are or may hereafter be conferred upon railroad cor-
porations organized under the laws of this state, and shall be subject
to the duties and liabilities to which such corporation was by the laws
of this state subject, and to such further or other duties and liabilities
as are now or may hereafter be imposed by law upon railroad corpo-
rations of this state, provided that an exemplified copy of the certifi-
cate of incorporation under and by virtue of which such corporation
is created, and of the judgment or decree under which the entire line
of railroad was sold, and a certified copy of the order or judgment or
decree of confirmation and approval required by the preceding section,
shall be filed in the office of the secretary of state for this state, and
in the oflS.ce of the county clerk of the county where its principal
business office in this state is located.

§ 78. Lease of road. — Any railroad corporation, or any corpora-
tion owning or operating any railroad or railroad route within this
state, may contract with any other such corporation for the use of
their respective roads or routes, or any part thereof, and thereafter
use the same in such manner and for such time as may be prescribed
in such contract. Such contract may provide for the exchange or
guaranty of the stock and bonds of either of such corporations by
the other and shall be executed by the contracting corporations
under the corporate seal of each corporation, and if such contract
shall be a lease of any such road and for a longer period than one
year, such contract shall not be binding or valid unless approved by a
vote of the stockholders owning at least two-thirds of the stock of
each corporation present and voting in person or by proxy at
a meeting thereof, called separately for that purpose upon
a notice stating the time, place and object of the meet-
ing, served at least thirty days previously upon each stock-
holder personally, or mailed to him at his post-office address, and
also published at least once a week, for four weeks successively, in
some newspaper printed in the city, town or county where such cor-
poration has its principal office, and there shall be indorsed upon the
contract the certificate of the secretaries of the respective corporations
under the seals thereof, to the effect that the same has been approved
by such vote of the stockholders, and the contract shall be executed
in duplicate and filed in the offices where the certificates of incorpora-
tion of the contracting corporations are filed. The road of a corpora-
tion can not be used under any such contract in a manner inconsistent
with the provisions of law applicable to its use by the corporation
owning the same at the time of the execution of the contract Such

The Eailboad Law. 89

contract shall be executed by the corporations, parties thereto, and
proved and acknowledged in such manner as to entitle the same to be
recorded in the office of the clerk or register of each county through
or into -which the road so to be used shall run. Nothing in this section
shall apply to any lease in existence prior to May 1, 1891. {As amended
by L. 1892, ch. 676, taking effect June 7, 1892.)

§ 79. Lessees of railroad may acquire stock therein. — Any
railroad corporation created by the laws of this state, or its successors,
being the lessee of the road of any other railroad corporation,
may take a surrender or transfer of the capital stock of the stock-
holders, or any of them in the corporation whose road is held under
lease, and issue in exchange therefor the like additional amount of
its own capital stock at par, or on such other terms and conditions as
may be agreed upon between the two corporations; and whenever
the greater part of the capital stock of any such corporation shall have
been so surrendered or transferred, the directors of the corporation
taking such surrender or transfer shall thereafter, on a resolution
electing so to do, to be entered on their minutes, become ex-officio the
directors of the corporation whose road is so held under lease, and
shall manage and conduct the affairs thereof, as provided by law;
and whenever the whole of such capital stock shall have been so
surrendered or transferred, and a certificate thereof filed in the office
of the secretary of state, under the common seal of the corporation to
whom such surrender or transfer shall have been made, the estate,
property, rights, privileges and franchises of the corporation whose
stock shall have been so surrendered or transferred, shall thereupon
vest in and be held and enjoyfed by the corporation, to whom such
surrender or transfer shall have been made, as fully and entirely, and
without change or diminution, as the same were before held and
enjoyed, and be managed and controlled by the board of directors of
the corporation, to whom such surrender or transfer of such stock
shall have been made, and in the corporate name of such corporation.
Where stock shall have been so surrendered or transferred, the exist-
ing liabilities of the corporation, and the rights of the creditors and
of any stockholder not surrendering or transferring his stock, shall
not be affected thereby.

§ 80. Consolidation and lease of parallel lines prohibited.

No railroad corporation or corporations owning or operating railroads
whose roads run on parallel or competing lines, except street surface
railroad corporations, shall merge or consolidate, or enter into any
contract for the use of their respective roads, or lease the same the
12

90 The Eailboad Law.

one to the other, unless the board of railroad commissioners of the
state or a majority of such board shall consent thereto. {As amended
by L. 1892, ch. 676, taking effect June 7, 1892.)

§ 81. Mortgagee may purchase at foreclosure sale . — Any
mortgagee of the property and franchises of any railroad corporation
may become the purchaser of the same at any sale thereof under the
mortgage, upon foreclosure by advertisement, or under a judgment,
or decree, or otherwise, and hold and use the same, with all the rights
and privileges belonging thereto or connected therewith for the period
of six months, and convey the same to any railroad corporation.

§ 82. Certificates of stock may be issued after foreclosure
in certain cases. — If any person or corporation shall be entitled
to certificates of stock subscribed to and paid for in any railroad cor-
poration whose property and franchises have been sold under mort-
gage foreclosure, and such certificates have not been issued before
foreclosure, the officers of the corporation shall, at any time within
six months after the foreclosure sale issue and deliver to the person
or corporation entitled thereto, upon demand, such certificates of
stock, which shall have all the force and effect and confer upon the
holder all the rights which he would have had if such certificates of
stock had been issued at the time of the payment of the subscription
thereto.

§ 83. Liabilities of reorganized railroad corporations.—
A railroad corporation, reorganized under the provisions of law,
relating to the formation of new or reorganized corporations upon
the sale of their property or franchise, shall not be compelled or
required to extend its road beyond the portion thereof constructed,
at the time the new or reorganized corporation acquired title to such
railroad property and franchise, provided the board of railroad com-
missioners of the state shall certify that in their opinion the public
interests under all the circumstances do not requre such extension.
If such board shall so certify and shall file in their office such certifi-
cate, which certificate shall be irreversible by such board, such cor-
poration shall not be deemed to have incurred any obligation so to
extend its road and such certificate shall be a bar to any proceedings
to compel it to make such extension or to annul its existence for fail-
ure so to do, and shall be final and conclusive in all courts and pro-
ceedings whatever. This section shaU. not authorize the abandonment
of any portion of a railroad which has been constructed and operated,
or apply to Kings county.

The Eaileoad Law. 91

ARTICLE IV.

Street Subeaob Bailboass.

Section 90. Street surface railroads ; general provision.

91. Consent of property owners and local authorities.

92. Consent of local authorities ; how procured.

£3. Condition upon which consent shall be given ; sale of franchise
at public auction.

94. Proceedings if property owners do not consent.

95. Percentage of gross receipts to be paid in cities or villages ;

report of officers.

96. Extension of route over rivers ; terminus in other counties ;

when property owners withhold consent; supreme court
may appoint commissioners.

97. Use of tracks of other roads.

98. Repair of streets ; rate of speed ; removal of ice and snow.

99. Within what time road to be built.

100. Motive power.

101. Eate of fare.

102. Construction of road in streets where other road is built.

103. Abandonment of part of route.

104. Contracting corporations to carry for one fare ; penalty.

105. Effect of dissolution of charter as to consents.

106. Corporate rights saved in case of failure to complete road;

right to operate branches ; conditions ; former consents
ratified; limitations.

107. When sand may be used on tracks.

108. Boad not to be constructed upon ground occupied by public

buildings or in public parks.

109. Center-bearing rails prohibited.

110. Eight to cross bridge substituted for bridge crossed for five

years.

§ 90. Street surface railroads ;• general pro vision. — A cor-
poration organized since May^ 6, 1884, for the purpose of building and
operating or extending a street surface railroad or any of its branches,
for public use in the conveyance of persons and property in cars for
compensation, upon and along any street, avenue, road or highway, in
any city, town or village, or in any two or more civil divisions of the
state, must comply with the provisions of this article. A street sur-
face railroad corporation may file in each of the ofSces in which its cer-
tificates of incorporation are filed, a statement of the names and
descriptions of the streets, roads and highways in which it is proposed
to extend its road. Upon filing such statement such corporation shall,
except as otherwise prescribed by law, have the same power and privi-
leges, to extend, construct, operate and maintain its road in such
streets, roads and highways as it acquired by its incorporation to con-

92 The Eailboad Law.

struct, operate and mountain its road in the streets, roads and high'
ways named in its certificate of incorporation. (As amended by L.
1892, ch. 676, taMng effect June 7, 1892.)

§ 91. Consent of property owners and local authorities.—
Such railroad shall not be built, extended or operated, unless the con-
sent in writing, acknowledged as are deeds entitled to be recorded, of
the owners of one-half in value of the property bounded on, and also
the consent of the local authorities haying control of that portion of
a street or highway upon which it is piroposed to build or operate such
railroad shall have been first obtained. In cities the common council,
acting subject to the power now possessed by the mayor to veto
ordinances; in villages the board of trustees, and in towns the town
board shall be the local authorities referred to; if in any city, the exclu-
sive control of any street, avenue or other property, which is to be
used or occupied by any such railroad, is vested in any other authority,
the consent of such authority shall also be first obtained. The value
of the property above specified shall be ascertained and determined
by the assessment-roll of the city, village or town in which it is situ-
ated, completed last before the local authorities shall have' given their
consent, except property owned by such city, village or town, the value
of which shall be ascertained and determined by making the value
thereof to be the same as is shown by such assessment-roll to be the
value of the equivalent in size and frontage of the adjacent property
on the same street or highway; and the consent of the local authorities
shall operate as the consent of such city, village or town as the own-
ers of such property. But where such railroad runs through a street
or avenue, bounded on one side by a public square or park, the con-
sent of one-half of the property owners on the other side of such
street or avenue and opposite to such square or park shall also be first
obtained. (As amended by L. 1892, ch. 676, taking effect June 7, 1892.)

Word "local" substituted for "municipal," to conform to section
18, article 3, constitution.

§92. Consent of local authorities; how procured.— The

application for the consent of the local authorities shall be in writing,
and before acting thereon such authorities shall give public notice
thereof and of the time and place when it will first be considered,
which notice shall be published daily in any city for at least fourteen
days in two of its daily newspapers if there be two, if not, in one, to
be designated by the mayor, and in any village or town for at least
fourteen days in a newspaper published therein, if any there shall be,
and if none, then daily in two daily newspapers if there be two, if

The Eailboad Law. 93

not, one published in the city nearest such village or town. Such
consent must be upon the expressed condition that the provisions of
this article pertinent thereto shall be complied with, and shall be filed
in the office of the clerk of the county in which such railroad is
located. {As amended by L. 1892, ch. 676, taking effect June 7, 1892.)
Id.

§ 93. Condition upon -which consent shall be given; sale
of franchise at public auction. — The consent of the local
authorities in cities containing twelve hundred and fifty thousand
inhabitants x>r more, according to the last federal census or state
enumeration, must contain the condition that the right, franchise and
privilege of using any street, road, highway, avenue, park or public
place shall be sold at public auction to the bidder who will agree to
give the city the largest percentage per annum of the gross receipts
of such corporation, with a bond or undertaking in such form and
amount and with such conditions and sureties as may be required and
approved by the comptroller or other chief fiscal officer of the city
for the fulfillment of such agreement and for the commencement and
completion of its railroad within the times hereinafter designated,
according to the plan or plans and on the route or routes fixed for its
construction. Whenever such consent shall provide for the sale at
public auction of the rights to construct and operate a branch or
extension of an existing railroad such consent shall provide that but
one fare shall be exacted for passage over such branch or extension
and over the line of road which shall have applied therefor, and,
further, that if such right shall be purchased by any cor-
poration other than the applicant, that the gross receipts
from joint business shall be divided in the proportion that the
length of such extension or branch so sold shall bear to the entire
length of the road which shall have applied therefor and of such
branch or extension, and that if such right shall be purchased by the
applicant, the percentage to be paid shall be calculated on such por-
tion of its gross receipts as shall bear the same proportion to the
whole value thereof as the length of such extension or branch shall
bear to the entire length of its road. The bidder to whom such
right, franchise and privilege may be sold must be a duly incor-
porated railroad corporation of this state, organized to construct,
maintain and operate a street railroad in the city for which such con-
sent may be given; but no such corporation shall be entitled to bid
at such sale unless at least five days prior to the day fixed for such
sale, or five days prior to the day to which such sale shall have been

94 The Eailboad Law.

duly adjourned, the corporation shall have filed with the comptroller
or other chief fiscal officer of the city, a bond in writing and under
seal, with sufficient sureties to be approved by such comptroller or
officer, conditioned that if such right, franchise and privilege shall be
sold to such corporation, to pay to the city where such railroad is
situated the sum of fifty thousand dollars as liquidated damages and
not by way of penalty in the event of the failure of such bidder to
fulfill the terms of sale, comply with the provisions of this article
pertinent thereto, and complete and operate its railroad according to
the plan or plans and upon the route and routes fixed for its con-
struction within the time hereinafter designated for the ^ construction
and completion of its railroad, and also conditioned to pay to the
corporation first applying for the consent, if it shall not be the suc-
cessful bidder, the necessary expenses incurred by such corporation
prior to the sale pursuant to requirement and direction of the local
authorities, within twenty days after such sale and upon the certifi-
cate of the comptroller or other officer conducting the same as to the
sum or amount to be paid. Notice of the time and place and terms
of sale, and of the route or routes to be sold, and of the conditions
upon which the consent of the local authorities to the construction,
operation and extension of such street railroad will be given, must be
published by such authorities for at least three successive weeks, and
in any city having two or more daily newspapers, at least three times
a week in two of such papers to be designated by the mayor, and in
any city where two daily newspapers are not published, at least once
a week in a newspaper published therein to be designated by the
mayor. The comptroller or other chief fiscal officer of the city shall
attend and conduct such sale and may twice adjourn the same, but
not more than four weeks in all, and shall cancel any bid if the bidder
shall not have furnished adequate security entitling such bidder to
bid, or shall otherwise fail to comply with the terms and conditions
of sale, and shall resell the consent and license in the same manner as
hereinbefore provided for the first sale. The bidder who may build
and operate such railroad shall at all times keep accurate books of
account of the business and earnings of such railroad, which books
shall at all times be subject to the inspection of the local authorities.
In the event of the failure or refusal of the corporation operating or
using such railroad to pay the rental or percentage of gross earnings
agreed upon, and after notice of not less than sixty days to pay the
same, the local authorities interested therein may apply to any court
having jurisdiction upon at least twenty days' notice to such corpora-
tion, and after it shall have had an opportunity to be heard in its

The Eailboad Law. 95

defense, for judgment declaring the consent and right to operate and
use such railroad forfeited and authorizing the sale algain of the same
in the manner hereinbefore prescribed, provided, however, that no
such resale of any such consent and right heretofore granted shall be
authorized except upon the condition that the same shall be subject
to all liens and incumbrances existing on said railroads at the time
such forfeiture may have been declared. All consents hereafter given
by the local authorities shall cease and determine at the expiration
of two years thereafter, and every such consent heretofore given to
a corporation incorporated under chapter two hundred and fifty-two
of the laws of eighteen hundred and eighty-four for the purpose of
constructing and operating a street surface railroad only wholly
south of the Harlem river shall continue until June 30, 1893, when it
shall cease, unless prior thereto the consent of a sufScient number of
the property owners or the order of the general term in lieu thereof
shall have been first obtained, and the provisions of this section shall
apply to all applications for such consents, made under any statute
either before or after the passage of this chapter, and not finally
acted upon at the time of its passage. Whenever it shall be desired
to unite two street surface railroad routes at some point not over one-
half mile from such respective lines or routes, and establish by the
construction of such connection a new route for public travel, and
the corporation or corporations owning or using such railroads shall
consent to operate such connection as a part of a continuous route
for one fare, and it shall appear to the local authorities that such
connection can not be operated as an independent railroad without
inconvenience to the public, but that it is to the public advantage
that the same should be operated as a continuous line or route with
existing railroads, or whenever, for the purpose of connecting with
any ferry or railroad depot, it shall be desired to construct an exten-
sion or branch not more than one-half mile in length, of any street
surface railroad corporation, no sale of such franchise shall be made
as provided in this section, but any consent of the local authorities
for the construction and operation of such connection, extension or
branch shall provide that the corporation or corporations operating
such connection, extension or branch shall pay into the treasury of
said city annually the percentage provided for extensions or branches
in section ninety-five of this chapter, for the purposes, at the times,
in the manner and upon the conditions set fortn in such sectio^i.
Nothing herein contained shall be construed as applying to or
affecting or modifying the terms of a certain contract bearing date
January 1, 1892, entered by and between the city of Buffalo and the

96 The Railroad Law.

various street surface railroad corporations therein named in such
contract. {As amended by L. 1892, oh. 676, taking effect June 7, 1892.)
But see also eh. 306, L. 1892, post.)

§ 94. Proceedings if property owners do not consent.—
If the consent of property owners required by any provision of this
article can not be obtained, the corporation failing to obtain such
consents may apply to any general term of the supreme court held
in the department in which it is proposed to construct its road for
the appointment of three commissioners to determine whether such
railroad ought to be constructed and operated. Notice of such appli-
cation must, at least ten days prior thereto, be served, personally,
upon each non-consenting property owner by delivering the same to
the person to whom such property is assessed upon such assessment-
roll or by duly mailing the same, properly folded and directed, to
such property owner at his post-office address with the postage pre-
paid thereon. If the person upon whom service is to be made is
unknown, or his residence and post-office address are unknown and
can not by reasonable diligence be ascertained, service of such notice
may be made by publishing the same in such newspaper of the
county as the court may direct, at least once a week for two suc-
cessive weeks. Upon due proof of service of such notice the court
to which the application is made shall appoint three disinterested
persons, who shall act as commissioners, and who shall, within ten
days after their appointment, cause public notice to be given of
their first meeting in the manner directed by the court, and may
adjourn from time to time, until all their business is completed.
Vacancies may be filled by the court after such notice to parties
interested as it may deem proper to be given ; and the evi-
dence taken before as well as after the happening of the vacancy
shall be deemed to be properly before such commissioners. After
a public hearing of all parties interested, the commissioners shall
determine whether such railroad ought to be constructed and
operated, and shall make a report thereon, together with the
evidence taken, to the general term, within sixty days after
appointment, unless the court, or a judge thereof, for good cause
shown, shall extend such time; and their determination that such
road ought to be constructed and operated, confirmed by such court,
shall be taken in lieu of the consent of the property owners herein-
before required. The commissioners shall each receive ten dollars
for each day spent in the performance of their duties and their
necessary expenses and disbursements, which shall be paid by the

The Eaxlboad Law. 97

corporation applying for their appointment. (As amended by L.
1892, ch. 676, taking effect June 7, 1892.)

§ 95. Percentage of gross receipts to be paid in cities or
villages ; report of oflacers.— Every corporation building or
operating a railroad, or a branch or extension thereof, under the
provisions of this article, or of chapter 252 of the laws of 1884, withia
any city of this state having a population of 1,200,000 or more, shall,
for and during the the first five years after the commencement of the
operation of any portion of its railroad annually, on November first,
pay into the treasury of the city in which its road is located, to the
credit of the sinking fund thereof, three per cent of its gross receipts
for and during the year ending September thirtieth next preceding;
and after the expiration of such five years, make a like annual pay-
ment into the treasury of the city to the credit of the same fund, of
five per ' cent of its gross receipts. If a street surface railroad
corporation existing and operating any such railroad in any such
city on May 6, 1884, shall have thereafter extended its tracks or con-
structed branches therefrom, and shall operate such branches or
extensions under the provisions of chapter 252 of the laws of 1884, or
of this article, such corporation shall pay such percentages only upon
such portion of its gross receipts as shall bear the same proportion to
its whole gross receipts as the length of such extension or branches
shall bear to the entire length of its line. In any other incorporated
city or village the local authorities shall have the right to require, as
a condition to their consent to the construction, operation or extension
of a railroad under the provisions of this article, the payment
annually of such percentage of gross receipts, not exceeding three
per cent, into the treasury of the city or village as they may deem
proper. In case of extension the amount to be paid shall be
ascertained in the manner heretofore provided. The corporation
failing to pay such percentage of its gross earnings, shall, after
November first, pay in addition thereto five per cent a month on
such percentage until paid. The president and treasurer of any cor-
poration required by the provisions of this article to make a payment
annually upon its gross receipts shall, on or before November first in
each year, make a verified report to the comptroller or chief fiscal
officer of the city of the gross amount of its receipts for the year
ending September thirtieth, next preceding, and the books of such
corporation shall be open to inspection and examination by such
comptroller or officer, or his duly appointed agent, for the purpose
of ascertaining the correctness of its report as to its gross receipts.
13

98 The Eailboad Law.

The corporate rights, privileges and franchises acquired under this
article or such chapter by any corporation, which shall fail to comply
with all the provisions of this section, shall be forfeited to the people
of the state, and upon judgment of forfeiture rendered in an action
brought in the name of the people by the attorney-general, shall
cease and determine. {As amended by L. 1892, ch. 676, UM,ng effect
June 7, 1892.)

L. 1884, ch. 252, § 8.
L. 1889, ch. 564.

§ 96. Extension of route over rivers; terminus in other
counties; -when property owners -withold consent supreme
court may appoint commissioners. — Any street railroad except
in the counties of New York or Bangs, now in operation in this state,
which shall, by a two-thirds vote of its directors, decide to extend the
route of its road, so as to cross the Hudson river over and by any
bridge now or hereafter constructed under the provisions of any law
of this state, may so extend their route over and across such bridge
upon such terms as may be mutually agreed upon between it and
such bridge company, and may locate the terminus of their road in
the county adjoining the one in which their road is now located and
in operation. Upon first obtaining the consent of such bridge com-
pany or its lessees, and the consent of the owners of one-half in value
of the property bounded on, and the consent also of the local authori-
ties having the control of that portion of a street or highway upon
which it is proposed to construct or operate such railroad, or in case
the consent of such property owners can not be obtained the general
term of the supreme court in the district in which it is proposed to be
constructed may, upon application, appoint three commissioners who
shall determine, after a hearing of all parties interested, whether such
railroad ought to be conBtructed or operated, and their determination,
confirmed by the court, may be taken in lieu of the consent of the
property owners.

§ 97. Use of tracks of other roads. — Any railroad corporation
in this state, whose cars are run and operated by horses or other
motive power, authorized by this article, upon the surface of the street,
excepting in the city and county of New "Sork, may, for the purpose
of enabling it to connect with and run and operate its cars between
its tracks, and a depot or car-house owned by it, run upon, intersect-
and use, for not exceeding five hundred feet, the tracks of any other
railroad corporation, the cars of which are run and operated in like

The Railboad Law. 99

manner with the necessary connections and switches for the proper
working and accommodation of the cars upon such tracks, and in con-
nection with such depot or car-house, upon paying therefor such com-
pensation as it may agree upon ^vith the corporation owning the
tracks to be so run upon, intersected, and used; and in case such
corporations can not agree upon the amount of such compensation,
the same shall be ascertained and determined in the manner pre-
scribed in the condemnation law.

§ 98. Repair of streets ; rate of speed ; removal of ice
and snovr . — Every street surface railroad corporation so long as
it shall continue to use any of its tracks in any street, avenue or public
place in any city or village, shall have and keep in permanent repair
that portion of such street, avenue or public place between its
tracks, the rails of its tracks, and two feet in width outside of
its tracks, under the supervision of the proper local authorities, and
whenever required by them to do so, and in such manner as they may
prescribe. In case of the neglect of any corporation to make pave-
ments or repairs after the expiration of thirty days notice to do so, the
local authorities may make the same at the expense of such corpora-
tion, and such authorities may make such reasonable regulations and
ordinances as to the rate of speed, mode of use of tracks, and removal
of ice and snow, as the interest or convenience of the public may
require. A corporation whose agents or servants willfully or negli-
gently violate such an ordinance or regulation, shall be liable to such
city or village for a penalty not exceeding five hundred dollfirs to be
specified in such ordinance or regulation. {As amended by L. 1892,
ch. 676, taking effect June 7, 1892.)

§ 99. Within what time road to be built. — In case any such
corporation shall not commence the construction of its road or of any
extension thereof, within one year after it has obtained the consent of
the local authorities and property owners, or the determination of the
general term as herein required, and shall not complete the same
within three years after obtaining such consents, its rights, privileges
and franchises shall cease and determine. If the performance of any
such act, within such time, is prevented by legal proceeding, such
court may also extend such time during the time that performance is
so prevented. The time for compliance with the requirements of this
section by a street surface railroad corporation incorporated for the
purpose of constructing a street surface railroad only, wholly south of
the Harlem river and in cities of over twelve hundred thousand

100 The Eaileoad Law.

inhabitaBts and which has heretofore obtained such consents, is
hereby extended until June 30, 1893. {As amended by L. 1892,
ch. 676, toting effect June 7, 1892.)

§ 100. Motive pO'wer. — Any street surface railroad may operate
any portion of its road by animal or horse power, or by cable, elec-
tricity, or any power other than locomotive steam power, which may
be approved by the state board of railroad commissioners, and con-
sented to by the owners of one-half of the property bounded on that
portion of the railroad with respect to which a change of motive
power is proposed; and if the consent of such property owners can
not be obtained, the determination of three disinterested commis-
sioners, appointed by the general term of the supreme court of the
department in which such railroad is located, in favor of such motive
power, confirmed by the court, shall be taken in lieu of the consent of
the property owners. The consent of the property owners shall be
obtained and the proceedings for the appoint^pent and the determina-
tion of the commissioners and the confirmation of their report shall be
conducted in the manner prescribed in sections 91 and 94 of this article
so far as the same can properly be made applicable thereto.

Any railroad corporation making a change in its motive power
under this section, may make any changes in the construction of its
road or roadbed or other property rendered necessary by the change
in its motive power. {As amended by L. 1892, ch. 676, taking effect
June 7, 1892.)

§ 101. Rate of fare. — No corporation constructing and operating
a railroad under the provisions of this article, or of chapter 252 of the
laws of 1884, shall charge any passenger more than five cents for one
continuous ride from any point on its road, or on any road, line or
branch operated by it, or under its control, to any other point thereof,
or any connecting branch thereof, within the limits of any incorpo-
rated city or village. Not more than one fare shall be charged within
the limits of any such city or village, for passage over the main line
of road and any branch or extension thereof if the right to construct
such branch or extension shall have been acquired under the pro-
visions of such chapter or of this article. This section shall not apply
to any part of any road constructed prior to May 6, 1884, and then
in operation, unless the corporation owning the same shall have
acquired the right to extend such road, or to construct branches
thereof under such chapter, or shall acquire such right under the
proTisiona of this article, in which eveat its rate of fare eball not

The Eailboad Law. 101

exceed its authorized rate prior to such extension. The legislature
expressly reserves the right to regulate and reduce the rate of fare
on any railroad constructed and operated wholly or in part under
such chapter or under the provisions of this article. {As amended by
L. 1892, ch. 676, taking effect June 7, 1892.)

§ 102. Construction of road in street where other road is
built. — No street surface railroad corporation shall construct, extend
or operate its road or tracks in that portion of any street, avenue,
road or highway, in which a street surface railroad is, or shall be
lawfully contructed, except for necessary crossings or, in cities, villages
and towns of less than 1,250,000 inhabitants, over any bridge, with-
out first obtaining the consent of the corporation owning and main-
taining the same, except that any street surface railroad company may
use the tracks of another street surface railroad company for a dis-
tance not exceeding one thousand feet, and in cities, villages and
towns of less than 1,250,000 inhabitants shall have the right to lay its
tracks upon and run over and use any bridge used wholly or in part
as a foot bridge, whenever the court upon an application for commis-
sioners shall be satisfied that such use is actually necessary to connect
main portions of a line to be constructed as an independent railroad,
or to connect said railroad with a ferry, and that the public con-
venience requires the same, in which event the right to such use shall
only be given for a compensation to an extent and in a manner to be
ascertained and determined by commissioners to be appointed by the
courts as is provided in the condemnation law, or by the board of
railroad commissioners in cases where the corporations interested
shall unite in a request for such board to act. Such commissioners
in determining the compensation to be paid for the use by one corpo-
ration of the tracks of another, shall consider and allow for the use of
tracks and for all injury and damage to the corporation whose tracks
may be so used. Any street surface railroad corporation may, in
pursuance of a unanimous vote of its stockholders voting at a special
meeting called for that purpose, by notice in writing, signed by a
majority of the directors of such corporation stating the time, place
and object of the meeting, and served upon each stockholder appear-
ing as such upon the books of the corporation, personally or by mail,
at his last know post-oflSce address, at least sixty days prior to such
meeting, guarantee the bonds of any other street surface railroad cor-
poration whose road is wholly or partly in the same city. (.4s amended
by L. 1892, ch. 676, taking effect June 7, 1892.)
But see ch. 306 of L. 1892, post.

102 The Eailboad Law.

§ 103. Abandouiueut of part of route. — Any street surface
railroad corporation which is the lessee or lessor, or both, or which
has the right to use the route or portion of the route of another such
corporation pursuant to a lease or agreement lawfully entered into
with it, may declare any portion of its own route which it may deem
no longer necessary for the successful operation of its road and con-
venience of the public in consequence of such lease or contract,
to be relinquished or abandoned. Such declaration of abandonment
must be adopted by the board of directors of the corporation under
its seal, which shall be submitted to the stockholders thereof at a meet-
ing called and conducted in the same manner as required by law for
meetings of stockholders for the approval of leases by railroad cor-
porations for the use of their respective roads. If the stockholders
shall, at such meeting, ratify and adopt such declaration of abandon-
ment, the secretary of the company shall so certify under the seal of
the corporation, upon such declaration. Such declaration shall then
be submitted to the board of railroad commissioners for its approval,
and if approved by such board, such approval shall be indorsed
thereon or annexed thereto, and the declaration so certified and
indorsed shall be filed and recorded in the office of the secretary of
state, and from the time of such filing, such portion of the route
designated in the declaration shall be deemed to be abandoned. {As
amended by L. 1892, ch. 676, taking effect June 7, 1892.)

New.

Former section 103 has been omitted because embraced In section 78.

The new section embodies that part of chapter 532 of 1889, which

relates to the abandonment of route.

§ 104. Contracting corporations to carry for one fare ;
penalty. — Every such corporation entering into such contract shall
carry or permit any other party thereto to carry between any two
points on the railroads or portions thereof embraced in such con-
tract any passenger desiring to make one continuous trip between
Buoh points for one single fare, not higher than the fare lawfully
chargeable by either of such corporations for an adult passenger.
Every such corporation shall upon demand, and without extra charge,
give to each passenger paying one single fare a transfer, entitling
such passenger to one continuous trip to any point or portion of any
railroad embraced in such contract, to the end that the public con-
venience may be promoted by the operation of the railroads embraced
in such contract substantially as a single railroad with a single rate of
fare. For every refusal to comply with the requirements of this sec-

The Eaileoad Liw. 103

tion the corporation so refusing shall forfeit fifty dollars to the
aggrieved party. The provisions of this section shall only apply to
railroads wholly within the limits of any one incorporated city or
village. {As amended by L. 1892, ch. 676, talcing effect June 7, 1892.)

Former section 105, 104 having been omitted because embraced in
section 78.

§ 105. Effect of dissolution of charter as to consents. —

Whenever any street surface railroad corporation shall have been dis-
solved or annulled, or its charter repealed by an act of the legislature,
the consent of owners of property bounded on, and the consent of
the local authorities having the control of that portion of a street or
highway upon which the railroad of such corporation shall have been
theretofore constructed and operated, and the order of the general
term confirming the report of any commissioner that such railroad
ought to be constructed or operated, shall not, nor shall either
thereof, be deemed to be in any way impaired, revoked, terminated or
otherwise affected by such act of dissolution, annulment or repeal,
but the same and each thereof shall continue in full force, efficacy
and being. The right to the further enjoyment and to the use thereof,
subsequent to such act of dissolution, annulment or repeal, and of all
the powers, privileges and benefits therein or thereby created, shall be
sold at public auction by the local authorities within whose jurisdiction
such railroads shall be, in the same manner as is provided in section
93 of this article. When such sale shall have been so made, the
purchaser thereat shall have the right to the further enjoyment
and use of such consents and orders, and of each thereof, and of all
the powers, privileges and benefits therein or thereby created, in like
manner as if such purchaser had been originally named in such con-
sents, reports and orders; if such purchaser shall be otherwise
authorized liy law to construct, maintain and operate a street surface
railroad within the municipality within which such railroad shall be.
(-4s amended by L. 1892, ch. 676, taHng effect June 7, 1892.)
Former section 106.

§ 106. Corporate rights saved in case of failure to com-
plete road ; right to operate branches ; conditions ; former
consents ratified; limitations. — The corporate existence of and
powers of every street surface railroad corporation, which has com-
pleted a railroad upon the greater portion of the route designated in
its certificate of incorporation, within ten years from the date of

104 The Bailboad Law.

filing such certificate in the ofSce of the secretary of state, and which
has operated such completed portion of its railroad continuously for
a period of five years last past, and is now operating the same, shall
continue with like force and effect, as though it had in all respects
complied with the provisions of law with reference to the time when
it should have fully completed its road. Every such corporation
shall have the right to operate any extensions and branches of its
railroad, now constructed and operated by it, which have been so con-
structed and operated by it, for a period of ten years last past, with
like force and effect, as though the route of such extensions and
branches were designated in its certificate of incorporation. But
every such street railroad corporation is authorized to operate such
railroad and any extension or branches thereof, upon condition that it
has heretofore, or shall hereafter, obtain the consent of the local
authorities having the control of that portion of the streets, avenues
or highways included in such railroad, or any extension or branches
thereof, to the construction and operation of the same, and also
upon the condition that it has heretofore or shall hereafter
first obtain the consent of the owners of one-half in value of the
property bounded on the portion of the streets, avenues or highways
included in the route of such railroad, or any extension or branches
thereof, to the construction and operation of the same, or in case the
consent of such property owners can not be obtained, the general
term of the supreme court of the department in which such railroad
or any extension or branch thereof is located, may, upon application,
appoint three commissioners who shall determine, after a hearing of
all the parties interested, whether such railroad ought to be con-
structed or operated, and their determination, confirmed by the court,
may be taken in lieu of the consent of the property owners. All
consents heretofore given, or grants made by local authorities having
the control of the portion of any street, avenue or highway included
in the route of such railroad, or any extensions or branches thereof,
to any such street surface railroad corporation, are hereby ratified
and confirmed and declared valid. This section shall be applicable
to any such corporation in any town, city or village having less than
twenty thousand inhabitants which has completed any portion of its
road upon the route designated in its certificate of incorporation
within the time required by law for the completion of its road. This
section shall not apply to or affect any railroad corporation in the city
of New York ; nor any special grant made to or authority conferred
upon any street surface railroad corporation by any law of this state;
nor any pending litigation; nor shall it impair existing rights,

The Eailboad Law. 105

privileges or franchises of any street surface railroad corporation.
{As amended by L. 1892, ch. 676, taking effect June 7, 1892.)
Former section 107.

§ 107. When sand may be used on tracks.— The owner or
operator of any street surface railroad in cities of this state having a
population of five hundred thousand or more, may place upon the
space between the rails of such road, sand in sufficient quantities and
no more to prevent the horses traveling thereon from slipping. {As
amended by L. 1892, ch. 676, taking effect June 7, 1892.)

Former section 108. But see L. 1892, ch, 460, post.

§ 108. Road not to be constructed upon ground occupied
by public buildings or in public parks. — No street surface
railroad shall be constructed or extended upon ground occupied by
buildings belonging to any town, city, county, or to the state, or to
the United States, or in public parks, except in tunnels to be approved
by the local authorities having control of such parks. (As amended by
L. 1892, ch. 676, taking f^ect June 7, 1892.)
Former section 109.

§109. Center-bearing rails prohibited. — No street surface
railroad corporation shall hereafter lay down in the streets of any
incorporated city or village of this state what are known as "center-
bearing" rails; but in all cases, whether in laying new track or in
replacing old rails, shall lay down " grooved " or some other kind of
rail not " center bearing " approved by the local authorities. Such
grooved or other rail shall be of such shape and so laid as to permit
the paving stones to come in close contact with the projectioB. which
serves to guide the flange to the car wheel.

Where in any city, the duty of repairing and repaving streets, as
distinguished from the authorization of such paving, repairing and
repaving, is by law vested in any local authority other than the com-
mon council of such city, such other local authority shall be the local
authority referred to in this section. {^As added by L. 1892, ch. 676,
taking effect June 7, 1892.)

§ 110. Right to cross bridge substituted for bridge crossed
for five years. — Should any street surface railroad company have
crossed any bridge as a part of its route for a period of more than
five years and should any other bridge be substituted therefor at any
time, such company shall have the right to cross such substituted
bridge and to lay and use railway tracks thereon for the transit of its
14

106 The Eailboad Law.

care and to make all changes and extensions of its route subject to all
the provisions of this act, as the convenient operation of its cars and
the public convenience may require. (As added by L. 1892, ch. 676,
taking effect June 7, 1892.)

ARTICLE V.
Otheb Batlboads in Cities and Counties.

Section 120. Application for railway ; commissioners.

121. Oath and bond of commissioners.

122. First meeting commissioners.

123. Determination of necessity of railroad and route.

124. Adoption of plans and terms upon which road shall be built.

125. Appraisal of damages and deposit of money as security.

126. Shall prepare certificate of incorporation; proviso as to

forfeiture.

127. Organization.

128. Commissioner to deliver certificate ; affldavit of directors.

129. Powers.

130. Crossing of horse railroad track.

131. Where route coincides with another route.

132. Commissioners ; to transfer plans, etc.

133. Commissioners to file report ; confirmation thereof.

134. Pay of commissioners.

135. Quorum, term of ofBce; removal; vacancies in board of

commissioners.

136. Abandonment or change of route ; new commissioners ; their

power and proceedings.

137. Increased deposit ; when and how required.

138. Trains to come to full stop, etc.

139. Gates.

140. Penalty for violation of this article.

141. Sections to be printed and posted.

142. Extension of time.

§ 120. Application for rail'way; commissioners. — Upon
the application of at least fifty reputable householders and taxpayers
of any county or city, verified upon oath before a justice of the
supreme court, that there is need in said county or city of a steam
railway in the streets, avenues and public places thereof for the trans-
portation of passengers, mails or freight, the board of supervisors of
such county may, within thirty days thereafter by resolution,
approve of the application, and authorize its presentation to the
supreme court, and if the railway is to be built wholly within the
limits of a city, upon the application of a like number of householders
and taxpayers of the city to the mayor thereof, such mayor may,

The Eailboad Law. 107

within thirty days thereafter, indorse upon the application his
approval and direction that it may be presented to the supreme court,
and if the railway is to be built, partly within the limits of a city and
partly without, such application shall be approved, both by the mayor
of the city and the board of supervisors of the county, and its pres-
entation to the supreme court authorized by them, and upon the pres-
entation of such application so approved and authorized to a special
term of the supreme court, held in the district where such railway is
to be built, or some part thereof, the court may appoint five
commissioners, resident of the city if the railway is to be built
wholly within the city, and of the county, if it is to be built
wholly or partly outside of the limits of a city, to determine the
necessity of such railroad, the route thereof, the time within which
and the conditions upon which it shall be constructed, the damages to
the property owners along the line thereof and all the matters lawfully
submitted to them, and discharge the duties imposed upon them
by law.

§ 121. Oath and bond of commissioners. — "Within ten days
after his appointment and before entering upon the discharge of any
of the duties of his office, each commissioner shall take and subscribe
the constitutional oath of office, which shall be filed in the office of
the clerk of the county and shall execute a bond to the people of the
state in the penal sum of twenty-five thousand dollars, with two or
more sureties, to be approved by a justice of the supreme court of the
department in which the railway is to be built and conditioned for the
faithful performance of the duties of the office, which bond shall be
filed in the office of the clerk of the county.

§ 122. First meeting of commissioners. — Within fifteen days
after their appointment, the commissioners shall meet in some con-
venient place in the county or city and organize themselves as a board
with appropriate officers.

§ 123. Determination of necessity of railroad and route.—

The commissioners shall, within thirty days after such organization,
determine upon the necessity of such steam railroad, and if they find
it to be necessary, they shall, within sixty days after such organiza-
tion fix and determine the route therefor, and shall have the exclusive
power to locate such route, over, under, through or across streets,
avenues, places or lands in such county or city, and to provide for the
connection or junction with any other railway or bridge, if the con-
sent of the owners of one-half in value of the property bounded on

108 The Eaileoad Law.

and the consent of the local authorities having control of that portion
of a street or highway, upon which it is proposed to construct or
operate such railway have been first obtained. If the consent of such
property owners can not be obtained, the determination of three com-
missioners appointed by the general term of the supreme court of the
department where the railroad is to be constructed, made after due
hearing of all parties interested, and confirmed by the court, that such
railway ought to be constructed and operated, may be taken in lieu of
the consent of such property owners. No such railway shall be
located in or upon such portion of any street, avenue, place or lands
in such county as are now occupied by an elevated or underground
railway or in which such railway has already been authorized by law
to be so located and constructed, or which are contained in public
parks, or occupied by buildings belonging to the county or the state
United States, or in or upon the following streets, avenues and public
places, viz. : Broadway, Fifth avenue. Fourth avenue above Forty-
second street, in the city of New York; Debevoise place, Irving place
Lefferts place, those portions of Grand, Classon and Franklin avenues
and Dowling street lying between the southerly line of Lexington
avenue and the northerly line of Atlantic avenue, that portion of
Classon avenue lying between the northerly line of Lexington avenue
and the southerly line of Park avenue, and that portion of Washing-
ton avenue lying between Park and Atlantic avenues in the city of
Brooklyn; and that portion of the city of Buffalo lying between Michi-
gan and Main streets, but such railway may be located and constructed
across such excepted streets, avenues and places at their intersection
only with other streets, avenues and places. {As amended by L. 1892
ch. 676, taking effect June 7, 1892.)

§ 124. Adoption of plans, and terms upon which road
shall be built. — The commissioners by such public notice, and
under such conditions, and with such inducements as they maj pre-
scribe, shall invite a submission of plans for the construction and
operation of such railway, and shall meet at a time and place in such
notice named, not more than ninety days after their organization, and
decide upon plans for the construction thereof, with the necessary
supports, turnouts, switches, sidings, connections, landing-places,
stations, buildings, platforms, stairways, elevators, telegraph and sig-
nal devices, or other requisite appliances, upon the routo or location
determined upon by them. They shall upon notice to the local
authorities, and after hearing all parties interested, fix and determine
what compensation, if any, in a gross sum, or in a certain percentage

Thk Eailboad Law. 109

of receipts, shall annually be paid to the local authorities by the
corporation formed for the purpose of constructing, maintaining and
operating such railway for public use in the conveyance of persons
and property, for the use and occupation by the corporation of the
streets, avenues and highways in and upon which its railway is to be
constructed, and the time when such railway, or a portion thereof,
shall be constructed and ready for operation, and the maximum
rates to be paid for transportation and conveyance thereon, and the
hours during which special cars or trains shall be run at reduced
rates of fare; and the amount of the capital stock of such corporation
and the number of shares into which it shall be divided, and the per-
centage thereof to be paid in cash on subscribing for such shares.

The commissioners may select two or more routes, upon one of
^hich such railway may be constructed and operated; and the local
authorities may consent to the construction and operation of such
railway upon one or more of such routes, or parts thereof; and the
commissioners shall have power to change and readopt routes and
plans for the constiuction and operation of such railway, after they
have been submitted to the local authorities, in cases where such
authorities may recommend such changes, or may not be willing to con-
sent to the construction or operation of the railway, upon the routes,
and plans adopted, unless such changes are made therein. (^s
amended by L. 1892, ch. 676, taking effect June 7, 1892.)

§ 125. Appraisal of damages and deposit of money as
security, — The commissioners shall, within one hundred and ten
days after their organization, ascertain and determine the aggregate
pecuniary damage arising from the diminution in the value of the
property bounded on that portion of such street or streets, highway
or highways, upon which it is proposed to construct and operate such
railway to be caused by the construction and operation thereof. For
that purpose they shall view the several parcels of real property so
bounded, and shall appraise separately the pecuniary damages arising
from such diminution in value of each parcel thereof, and for the pur-
poses of such appraisals they shall give notice of the time and place,
when and where they will meet to hear the owners, or persons
interested in such real property, which notice shall be published for
at least ten days consecutively in at least two newspapers in the
county where such railway is to be constructed, and shall take such
material testimony upon the probable diminution in value of any or
all such parcels to be so caused as may be offered by or in behalf of
any person or party interested therein, and the aggregate sum of th«

110 The Eailboad Law.

amounts bo appraised and determined by them shall be the aggregate
pecuniary damage required to be ascertained and determined as above
provided. No corporation which shall hereafter be organized under
this article shall enter upon any street, highway or lane therein, until
it shall first have deposited with some trust company, to be desig-
nated by the mayor of the city within which it is proposed to con-
struct the railway or any part thereof, and by the board of supervisors,
when the road does not lie wholly within a city, a sum of money equal
to the amount so ascertained and determined by the commissioners
to be the aggregate pecuniary damage to such property within the city,
or within the county outside of any city, or shall have secured the
payment of such amount by depositing with such trust company
negotiable securities, equivalent at their par and actual value to such
aggregate amount, and approved by the mayor of the city in which
such road is wholly or in part located, and by the county treasurer of
the county if the road is located wholly or in part outside of the
limits of such city. The court may accept in lieu of the deposit of
money or securities herein required the bond of the corporation, with
two or more securities, to be approved by the court, to the effect that
the corporation before constructing or operating its railway in front
of any premises, shall pay to the owner of the real property all the
damages sustained, or which will be sustained by him, as fixed
and determined by such commissioners, and the costs allowed,
if any. Such bond shall be in a sum double the amount of
such damages, and the securities shall justify in the aggregate
to an amount equal to the amount of such bond. Such cor-
poration shall also, at the same time, deposit with such trust
company or with the county treasurer, as the commissioners, may
direct, the sum of five thousand dollars in cash, for the payment of
the expense of apportioning and distributing such fund. Unless such
moneys or securities shall be deposited by such corporation within
one year after it shall have obtained the consent of the local authori-
ties, and of the property owners, or the confirmation by the general
term of the supreme court, of the determination of three commis-
E'ioners in lieu thereof, and in the case of a corporation heretofore
organized within one year after it shall have obtained the confirma-
tion by the general term of the supreme court of the report of three
commissioners in lieu of the consent of property owners, or within
one year after the commissioners appointed to ascertain and deter-
mine the aggregate pecuniary damages as provided in this article,
shall have made their report, then such corporation shall be deemed
not to have accepted the franchises granted. Where the commission-

The Eaileoad Law. Ill

era shall fix and determine different periods of time within which
different sections of such railway shall be constructed and ready for
operation, they shall ascertain, determine, and report separately the
aggregate pecuniary damage to property bounded upon that portion
of such street or streets upon which each of such sections is located.
Upon the deposit by the corporation as above provided of moneys or
securities equivalent to the aggregate pecuniary damage to be sus-
tained by any one of such sections, or of any bond given in lieu
thereof, it shall immediately be vested with the right and privilege
to construct its railway through such section. {As amended by L.
1892, ch. 676, tahing effect June 7, 1892.)

§126. Shall prepare certificate of incorporation; proviso
as to forfeiture. — The commissioners shall prepare an appropriate
certificate of incorporation for the corporation in the last section men-
tioned in which shall be set forth and embodied, as component parts
thereof, the several conditions, requirements and particulars by such
commissioners determined pursuant to the provisions of this article,
and which shall also provide for the release and forfeiture to the super-
visors of the county, or if the road is to be constructed wholly or
partly within a city, to such city, of all rights and franchises acquired
by such corporation in case such railway or railways shall not be
completed within the time and upon the conditions therein provided;
and the commissioners shall thereupon and within one hundred and
twenty days after their organization, cause a suitable book of sub-
scription to the capital stock of such corporation, to be opened pur-
suant to due public notice at a banking office .in such county or city.
A failure by any corporation heretofore or hereafter organized under
this article to complete its railway within the time limited in and by
its certificate ofjincorporation shall only work a forfeiture of the fran-
chises of such corporation with respect to that portion of its route
which such corporation shall have failed to complete, and shall not
affect the rights and franchises of such corporation to construct and
operate such part of its raUway which it shall have completed within
the term prescribed by its certificate of incorporation, or as to which
the time for completion shall not have expired, notwithstanding any-
thing to the contrary in its certificate of incorporation.

§ 127. Organization.— Whenever the whole capital stock of such
corporation or an amount of such capital stock proportioned to the
part of such railway directed by the commissioners to be constructed,
shall have been subscribed by not less than fifteen persons, and the

112 The Railboad Law.

fixed percentage of such subscriptions shall have been paid, in cash,
the commissioners shall, by written or printed notice of ten days,
served personally or by mail, call a meeting of such subscribers for
organization, and appoint the inspectors of election to serve thereat
At such meeting, or at any subsequent one to which the same may be
adjourned, a majority in number and amount of such subscribers may
elect persons, of a number to be theretofore determined by the com-
missioners not less than nine, who shall be directors for one year of
the corporation formed for the purposes of constructing and operating
such railway.

§ 128. Commissioners to deliver certificate; afB.davit of
directors. — Within ten days after the election of such directors the
commissioners shall deliver to them a certificate in duplicate, verified
by the oath of three commissioners, before a justice of the supreme
court, setting forth the certificate of incorporation and the organiza-
tion of the corporation for the purposes therein mentioned, and within
five days after the reception by them of such certificates, three of the
directors so elected shall make affidavit in duplicate that the full
amount of stock has been subscribed in good faith to construct, main-
tain and operate the railway or railways in such certificate of incor-
poration mentioned, and such directors shall file such affidavits and
certificate in the office of the secretary of state, and a duplicate of the
same in the office of the clerk of the county wherein such railway shall
be located ; and thereupon the persons who have so subscribed such
certificate of incorporation and all persons who shall become stock-
holders in such corporation shall be a corporation by the name
specified in such certificate, and be subject to the duties, liabilities
and restrictions of such corporations.

§ 129. Po'wers. — Every such corporation shall have power, in
addition to the powers conferred by the general and stock corporation
laws and by subdivisions two, five and seven of section eight of this
chapter:

1. To take and convey persons and property on their railroad by
the power or force of steam or by any motor other than animal power,
and to receive compensation therefor.

2. To enter upon and underneath the several streets, avenues and
public places and lands designated by the commissioners, and enter
into and upon the soil of the same, to construct, maintain, operate
and use in accordance with the plan adopted by the commissioners,
a railway upon the route or routes and to the points decided upon

The Eailboad Law;. 113

and to secure the necessary foundations and erect the columns, piers
and other structures which may be required to secure safety and
stability in the construction and maintenance of the railways con-
structed upon such plan and for operating the same; and to make
such excavations and openings along the route through which such
railway shall be constructed as shall be necessary from time to time.
In all cases the surface of the streets around such foundations,
piers and columns shall be restored to the condition in which
they were before such excavations were made, as near as may
be, and any interference with or change in the water mains, or
in the sewers or lamp posts, except such changes as may be made
with the concurrence of the proper department or authority shall
be avoided; and the use of the streets, avenues, places and lands
designated by the commissioners and the right of way through
the same for the purpose of a railway, as herein authorized, shall
be considered and is hereby declared to be a public use, consistent
with the uses for which the roads, streets, avenues and public
places are publicly held. No such corporation shall have the
right to acquire the use or occupancy of public parks or squares in
any such city or county, or the use or occupancy of any of the streets
or avenues, except such as may have been designated for the route or
routes of such railway, and except such temporary privileges as the
proper authorities may grant to such corporations to facilitate such
construction, and no such railway shall be constructed across the
track of any steam railway now in actual operation at the grade
thereof, nor shall any piers or supports for any elevated railway be
erected upon a railway track now actually in use in any street or
avenue; and no such corporation shall construct a street surface rail-
road to run in whole or in part upon the surface of any street or
highway under the provisions of this article.

§ 130. Crossing of horse railroad track. — Whenever the
route selected by the commissioners for the construction of such rail-
way shall intersect, cross or coincide with any horse railway track
occupying the surface of the street or avenues, such railway-corpora-
tion is hereby authorized to remove, for the purpose of constructing
its road, the tracks of such horse railway; but the same shall be done
in such manner as to interfere as little as possible with their practical
operation or working, and upon the construction of such railway,
where such removals or changes have been made, the stme shall be
restored as near as may be to the condition in which they were
previous to the construction of such railroad. All such removals and
15

114 The Eailboad Law.

restorations shall be made at the proper cost and charges of such
corporation, but no authority is herein given to any such corporation
to use the tracks of any horse railway.

§ 131. Where route coincides with another route .—When-
ever the route or routes determined upon by the commissioners coin-
cide with the route or routes covered by the charter of an existing
corporation, formed for the purpose of constructing and operating
such a railway, and it has not forfeited its charter or failed to comply
■with the provisions thereof, requiring the construction of a road or
roads within the time therein prescribed, such corporation shall have
the like power to construct and operate such railway upon the fulfill-
ment of the like requirements and conditions imposed by the com-
missioners as a corporation specially formed under this article, and
the commissioners may fix and determine the route or routes by which
any elevated steam railway nqw in actual operation may connect with
other steam railways or the depots thereof, or with steam ferries, upon
making compensation therefor, and in case such corporations can not
agree with the owners of such steam railways, depots or ferries upon
the amount of such compensation, and such owners may be entitled
to compensation therefor, the amount of such compensation shall be
ascertained and paid in the manner prescribed in the condemnation
law, and upon fulfillment by such elevated railway corporation, and
so far as it relates to such connection, of the requirements and con-
ditions imposed by this article, it shall possess all the powers con-
ferred by section 129 of this article, and when any connecting route
or routes shall be so designated, such elevated railway corporation
may construct such connection with all the rights and with like effect
as though the same had been part of the original route of such
railway. {As amended by L. 1892, ch. 676, taking effect June 7, 1892.)
Typographical error corrected.

§ 132. Commissioners to transfer plans, etc.— Within one
month after such corporation shall have been formed and organized
in the manner herein provided, the commissioners shall transfer and
deliver to the corporation all plans, specifications, drawings, maps,
books and papers in their possession, and they shall, within the like
period of one month after the organization of such corporation, cause
to be paid to the treasurer thereof all money collected under the pro-
visions of fcis article, after deducting therefrom the necessary
expenses incurred by the commissioners and the amounts due to them
for their eialiirieBi

The Eailroad Law. 115

§ 133. Commissioners to file report; confirmation thereof.—

The commiBsioners shall within one hundred and forty days after their
appointment, make a report to a special term of the supreme court of
the department in which such railway may be located, of the amount of
the pecuniary damage arising from the diminution of the -value of each
parcel of property bounded on that portion of the street or streets, high-
way or highways, upon which it is proposed to construct such railway
or railways, which will be caused by the construction, maintenance
and operation thereof. The name and place of residence of the
owner or owners of each parcel shall be stated if the same are known, or
can be ascertained, and if not known the name of the person or per-
sons appearing by the certificate of the clerk or register of the county,
to have the title thereto from the records in his office, and a specific
description of each parcel of property with reasonable certainty. The
testimony, if any, taken by the commissioners as to the amount of
such damage, shall accompany their report. Within thirty days after
filing and recording its certificate of incorporation, the corporation
authorized to construct and operate such railway or railways shall
move to confirm such report by giving notice of such motion to the
property owners in the manner in which notice of the time and place
of hearing before the commissioners is required by section 125 to be
given, and if the corporation fails to so move, any property owner may
make the motion; and thereafter the proceedings shall be conducted
in the manner prescribed in the condemnation law. Before con-
structing and operating its railway in front of any real property
bounded upon any street, avenue or public place wherein the cor-
poration is authorized by the certificate and report of the commis-
sioners to construct and operate its road, such corporation shall pay
to the owner of the real property the damages sustained or which will
be sustained by him in consequence thereof, as finally fixed and
ascertained, and the costs allowed him, if any, and the court may
direct that such damages be paid out of the moneys deposited pur-
suant to the provisions of section 125, or in case negotiable securities
shall have been deposited in lieu of money, that so much of such
securities shall be sold as may be necessary to raise the amount
required to be paid to such owner for damages and costs if any. If a
bond shall have been executed in lieu of such deposit, the court may
order the sureties in such bond to pay the damages so fixed and
ascertained, and in default thereof, may cause them to be proceded
against and punished as for a contempt of court, (^s amended by L.
1892, cA. 676i taking effect Jnne 1, 1892).

116 The Eailroad Law.

§ 134 Pay of commissioners. — Each of the commissionerB
shall be paid for his services at the rate of ten dollars per day for
each day of actual service as such commissioner, and all expenses
necessarily incurred by him in the discharge of his duties, to be paid
by such corporation, but if a sufficient amount of capital stock shall
not be subscribed within one year after the appointment of such com-
missioners to authorize the formation of such corporation, the
commissioners shall receive no salary, and shall cause to be returned
to the subscribers for such stock the amounts paid in by them, after
deducting therefrom the necessary expenses incurred by the com-
missioners, but the time, if any, unavoidably consumed by the
pendency of legal proceedings shall not be deemed a part of any
period of time limited by this article.

§ 135. Quorum ; term of office ; rem.oval ; vacancies in
board of conmiissioners. — A majority of the members of any
board of commissioners appointed under this article shall be a quorum
for the transaction of any business or the performance of any duty or
function, or the exercise of any power, conferred or enjoined upon
them. Any commissioner may be removed for cause at any time by
the power appointing him, but no commissioner shall be removed
without due notice and an opportunity to be heard in defense ; and
no commissioner thus removed is, or shall be eligible to be again
appointed to the office of commissioner. In case of the death, resigna-
tion or removal from office of any commissioner the vacancy shall be
filled by the power appointing him, within thirty days after such
removal, or within thirty days after notice in writing to such appoint-
ing power given by some member of the board, or by the corporation
hereinafter mentioned, of such death or resignation, and a certificate
of every such appointment shall be filed as hereinbefore required,
Except as otherwise provided by law, the terms of office of the com-
missioners shall determine snd expire with the performance of their
functions as hereinabove prescribed.

§ 136. Abandonment or change of route; new commis-
sioners; their powers and proceedings. — Any corporation
heretofore organized or hereafter to be organized under this article,
its successor or assigns, which shall have constructed or put in opera-
tion a railway upon a part and not upon the whole of the route fixed,
determined and located for such railway by a board of commissioners,
may at any time apply for authority to abandon any portion of the
routs upidn which th6 railway shall not have been theretofore con-

The Eaileoad Law. 117

structed or shall not then be in operation, with or without a change
and relocation of such portion, and with or without extension of the
portion not abandoned, or of any part thereof. Such application shall
be made by petition in writing, addressed by such corporation to the
board of supervisors of the county in which such portion of the route
so desired to be changed or abandoned shall be situated, which is not
within the limits of any city, or if such route, or any part thereof,
shall be within the limits of a city, to the mayor of the city, for the
route or portion thereof within such city. Five commissioners may
be appointed pursuant to such an application as hereinafter provided,
who shall be residents of the county or city and who shall have full
power as herein provided. When such application is made by a cor-
poration heretofore organized such commissioners may be appointed
within thirty days after presentation of the same by such board of
supervisors, or, as the case may be, by such mayor. When such
application is made by a corporation hereafter to be organized under
this article, such board of supervisors, or, as the case may be, such
mayor, may within thirty days after presentation of such application,
indorse thereon their or his approval and direction that it may be
presented to the supreme court in the manner provided in section 120
of this article, and such court may thereupon appoint such commis-
sioners. Within ten days after his appointment each commissioner so
appointed shall take, subscribe and file the oath and give and file the
bond prescribed by section 121 of this article; and if any one so
appointed shall not comply with this requirement, he shall be
deemed to have declined to accept such appointment, and to have
made a vacancy which the appointing power shall fill by another
appointment as herein provided. Within fifteen days after such
appointments shall have been so made, the commissioners shall
meet at some convenient place in such county and complete their
organization as a board with appropriate officers. Such board shall
have all the authority conferred by law upon commissioners appointed
or authorized to be appointed under this article. Before proceeding
to hear the application of the corporation, the board shall give such
public notice as it may deem most proper and effective of the time and
place of the hearing. Within thirty days after completing their
organization such board shall hear the application of the corporation,
and all parties who may be interested therein, and within sixty days
after their organization they shall determine whether any part of such
route should be authorized to be abandoned, or should be changed
and relocated with or without extension or extensions. If the board
shall determine that no abandonment of any part of the route should

118 The Eailboad Law.

be allowed, and that no change and relocation of any part thereof
should be efifected, and that no extension should be made, the board
shall dismiss the application. If the board shall determine that an
abandonment of any portion of the route should be allowed, or that a
change in or extension thereof should be made, the board shall proceed
to authorize and require the same upon such conditions as to the
board shall seem proper, and with or without extension of the remainder
of the route or of any part thereof, by fixing, determining and locating
the route or routes of the extension or extensions, if any, and by
directing the abandonment of the part of the route theretofore located,
but by the board allowed to be abandoned, if any, and by fixing,
determining and relocating the part of the route theretofore located,
but by the board changed, if any; and the board shall cause to be
made in duplicate a survey and map of the route as so changed and
fixed, determined and located. Neither such corporation or any
assign or successor thereof shall thereafter have any authority, by
reason of anything done under this article to operate or construct any
railway upon any portion of the route by the board so required to be
abandoned. The board shall also fix and determine the time within
which the railway by it authorized and required upon any portion of
the route so changed, shall be reconstructed and ready for operation.
If the railway on any portion of the route not by the board changed
or allowed to be abandoned, shall not have been theretofore con-
structed and made ready for operation, the board may extend, and
fix and determine anew the time within which such railway shall be
completed, but such extension of time shall not be for a longer period
than that originally allowed by law for the completion thereof. If the
board shall have determined that any portion of the route theretofore
located should be allowed to be abandoned, with or without a change
or relocation thereof or any part thereof, and with or without exten-
sion, or if the board shall have extended the time within which such
railway shall be completed, the board shall make a report in writing
in accordance with the determination so made, describing the portion
of the route, if any there be, as so fixed, determined and located anew,
and the part, if any there be, of the route allowed to be abandoned,
and stating the period of time, if any, by the board fixed and deter-
mined within which such corporation shall construct and complete
the railroad theretofore authorized or by it authorized to be con-
structed, and prescribing that a failure by the corporation, its suc-
cessors or assigns, to complete it within the time, if any so limited,
shall work a forfeiture to the supervisors of the county if no part of
the road is within a city, or in any city, to such city, of the rights and

The Eailboad Law. 119

franchises of such corporation with respect to that portion of the
route so fixed, determined and located anew, and with respect to the
then authorized extension or extensions, if any there be of said route,
upon which a railway shall not be constructed within the time so
limited; but the time, if any, unavoidably consumed by the
pendency of legal proceedings, shall not be deemed a part of
any period of time limited in this article, and any recital of any
forfeiture of any of the rights or franchises prescribed by any com-
missioners heretofore appointed, to be to the mayor aldermen and
commonalty of the city of New York, shall be as effectual for any
and all purposes as if such forfeiture had been in terms recited to be
to the board of supervisors of the county of New York. Such report
shall be signed in duplicate by at least a majority of the then mem-
bers of the board, and there shall be thereto annexed the survey and
map as hereinbefore directed, showing the line and location of each
and all the routes, with or without the extension or extensions, as
fixed, determined and located, and showing also the parts or part, if
any there shall be, of the route or routes as theretofore fixed, deter-
mined and located, but by the board allowed to be abandoned.
Within ten days after so signing such report the board shall cause
the same to be filed in the office of the secretary of state, and the
duplicate thereof in the office of the clerk of the county wherein such
railway shall be located; and thereupon the corporation making such
application, its successors or assigns, is and shall be authorized to
construct, maintain and operate a steam railway for the transporta-
tion of passengers, mail and freight, upon the route or routes so fixed,
determined and located, and in said report described, but the con-
struction or operation of a railway upon any new location or selection
of route is not and shall not be thus authorized except upon the con-
dition that the consent of the owners of one-half in value of the
property bounded on, and the consent also of the local authorities
having control of that portion of a street or highway upon which it
is proposed to construct or operate such railway be first obtained, or
in case the consent of such property owners can not be obtained, that
the determination of three commissioners, to be upon application
appointed by the general term of the supreme court, in the district
in which such railroad is proposed to be constructed, be given after
a hearing of all parties interested that such railway ought to be con-
structed or operated, which determination, confirmed by the court,
may be taken in lieu of the consent of the property owners. Such
corporation is and the successors and assigns thereof shall be author-
ized to maintain and operate all the railroads and the appurtenances

120 The Raileoad Law.

thereof by it or them theretofore constructed upon any portion of a
route or routes which shall have been located by commissioners under
this article, and to complete within the time in and by such report so
extended fixed, and determined anew, and thereafter to maintain and
operate the railway and the appurtenances, upon so much of the
route or routes theretofore fixed, determined and located as shall not
have been so authorized and required to be abandoned, and with the
same rights and effect, in all respects, as if such extended period of
time had been originally fixed and determined, and in the original
certificate of incorporation of such corporation recited, for complet-
ing such railway and putting it in operation. The other terms and
conditions in and by such certificate mentioned and prescribed,
except as the same are hereinbefore modified or may be modified by
the board as hereinabove authorized, shall apply to the railway herein
authorized to be constructed and operated upon the route or routes
as so changed, fixed, determined and located, with the same force and
effect as if such route or routes, as finally so changed and located,
had been in and by such articles or certificates themselves prescribed.
If a new location or extension of routes shall be fixed and determined
by commissioners who shall have been appointed by the court
pursuant to this section, they shall also ascertain and deter-
mine the aggregate pecuniary damages arising from the dimi-
nution of value of the property bounded on that portion of the
street or highway upon the line of such new location or extension
and of each parcel of real property so bounded, and their proceed-
ings thereupon shall be conducted in the same manner and
upon the like notice as the proceedings for that purpose before
the commissioners specified in section 125, and shall make
to the supreme court the report required by section 133, and there-
upon the same proceedings shall be had as are provided for in such
last named section. Each commissioner shall be paid for his services
at the rate of ten dollars per day for each day of actual services as
such commissioner, and all reasonable expenses incurred by him in or
about any of the matters referred to such board, to be paid by the
corporation making the application so heard and determined. No
corporation shall be authorized under this section to extend, abandon
or change the location of its route, or any part thereof, where the
greater portion of the route or routes is or shall be in that portion of
the city of New York south or west of Harlem river, or of any route
or part thereof in the city of Brooklyn, or county of Kings, or to con-
struct, extend, abandon or change the location of any railway or
route for a railway over, under, through or across any street, avenues.

The Eailboad Law. 121

place or lands south of One Hundred and Twenty-eighth street or
west of Third avenue in that portion of the city of New York south or
west of Harlem river, or where a railway might not by law be con-
structed, or was not by law authorized to be by a board of commis-
sioners located on the fifth day of June, 1888. (.4s amended by L.
1892, ch. 676, taking effect June 7, 1892.)

§ 137. Increased deposit, -when and how required. — In

case any of the securities deposited in lieu of money as provided in
section one hundred and twenty-five, shall in the opinion of the
county treasurer or trust company with whom they may be deposited,
fall below their actual value at the time of deposit, the county treas-
urer or trust company shall call upon such railway corporation to
substitute therefor other securities equivalent at their par or market
value to the amount in lieu of which the securities for which they
are to be substituted were deposited, and in case such other securi-
ties shall not be furnished, the county treasurer or trust company
shall call upon such corporation to furnish as a substitute, and it
shall so furnish an amount of money equal to the amount in lieu of
which the securities first above referred to were deposited.

§ 138. Trains to come to full stop, etc. — All trains upon
elevated railroads shall come to a full stop before any passengers
shall be permitted to leave such train; and no train on such railroad
shall be permitted to start until every passenger desiring to depart
therefrom shall have left the train, provided such passenger has
manifested his or her intention to so depart by moving toward or
upon the platform of any car; nor until every passenger upon the
platform or station at which such train has stopped, and desiring to
board or enter such cars, shall have actually boarded or entered the
same, but no person shall be permitted to enter or board any train
after due notice from an authorized eir.ployee of such corporation
that such train is full and that no more passengers can be then
received.

§ 139. Gates. — Every car used for passengers upon elevated rail-
roads shall have gates at the outer edge of its platforms, so constructed
that they shall, when opened, be caught and held open by such catch
or spring as will prevent their swinging and obstructing passengers
in their egress from or ingress to such cars; and every such gate shall
be kept closed while the car is in motion; and when the car has
stopped and a gate has been opened, the car shall not start until such
gate is again firmly closed.
16

122 The Riileoad Law.

§140. Penalty for violation of this article. — Any elevated
railroad corporation that shall fail or neglect to comply with or enforce
the provisions of this article, shall upon the petition of any citizen to
any court of record, and upon due notice to such corporation, and
proof of such failure or neglect, pay to the clerk of the court wherein
such petition was made, a sum not less than two hundred and fifty
nor more than one thousand dollars, as such court may direct by its
order. The sum so ordered to be paid shall be paid by such clerk of
the court to the county treasurer, and shall be distributed by such
treasurer equally among the public hospitals of the county in which
the proceeding is had, at such time, as the board of supervisors or
board of aldermen in any such county shall direct. Nothing in this
section shall relieve elevated railroad corporations from any liability
under which they may now be held by existing laws for damages to
persons or property. {As amended by L. 1892, c^. 676, taking effect June
7, 1892.)

§ 141. Sections to be printed and posted. — The officers and
board of directors of such railroad corporations shall cause copies of
sections one hundred and thirty-eight, one hundred and thirty-nine
and one hundred and forty to be printed conspicuously and posted in
the depots or stations and in each car belonging to them.

§142. Extension of time. — The time within which any act is
required to be done under this article may be extended by the
supreme court for good cause shown, for one year, and but one exten-
sion will be granted. Any company that has heretofore constructed
or is now operating an elevated railroad shall be deemed to have been
duly incorporated, notwithstanding any failure on the part of com-
missioners to insert in its articles of association provisions complying
with statutory requirements relative to such articles. {As amended by
L. 1892, ch. 676, taking effect June 7, 1892.)

New.

ARTICLE VI.

The Boabd of Eaileoad Commissioners.

Section 150. Appointment and term of ofQce of railroad commissionerB.
151. Suspension from office.
1G2. Secretary and marshal of board .

153. Additional officers ; their duties.

154. Oath of office ; eligibility of officers of board.

155. Principal officer and meetings of board.

The Eailboad Law. 123

Section 156. Quorum of board .

157. General powers and duties of board.

158. Eeports of railroad corporations.

159. Investigation of accidents.

160. Becommendations of board where law has been violated .

161. Becommendations of board when repairs or other changes

are necessary.

162. Legal effect of recommendation and action of the board.

163. Corporation must furnish necessary information .

164. Attendance of witnesses and their fees .

165. Fees to be charged and collected by the board.

166. Annual report of board.

167. Certified copies of papers filed to be evidence.

168. Acts prohibited.

169. Salaries and expenses of members and oflicers of the board.

170. Total annual expense to be borne by railroads.

171. Application of this article.

§ 150. Appointment and term of office of railroad com-
missioners. — There shall continue to be a board of railroad com-
missioners, consisting of three competent persons, one of whom shall
be experienced in railroad business, appointed by the governor, by
and with the advice and consent of the senate, each of whom shall
hold o£B.ce for the term of five years, and until his successor shall
have been appointed and shall have qualified. A commissioner shall
in like manner be appointed upon the expiration of the term of any
commissioner; and when any vacancy shall occur in the office of
any commissioner, a commissioner shall in like manner be appointed
for the residue of the term. If the senate shall not be in session
when the vacancy occurs, the governor shall appoint a commissioner
to fill the vacancy, subject to the approval of the senate when
convened.

§ 151. Suspension from office. — Any commissioner may be
suspended from office by the governor upon written charges pre-
ferred. The governor shall report such suspension and the reasons
therefor to the senate at the beginning of the next ensuing session,
and if a majority of the senate shall approve the action of the gover-
nor, such commissioner shall be removed from office and his office
become vacant.

§ 152. Secretary and marshal of board.— The board shall
have a secretary and a marshal who shall be appointed by it and
serve during its pleasure. The secretary shall keep a full and faith-
ful record of the proceedings of the board, and be the custodian of its

124 The Eailroad Law.

records, and file and preserve at its general office all books, maps,
documents and papers intrusted to his care, and be responsible to the
board for the same. Under the direction of the board he shall be its
chief executive officer, shall have general charge of its office, superin-
tend its clerical business, conduct its correspondence, be the medium
of its decisions, recommendations, orders and requests, prepare for
service such papers and notices as may be required of him by the
commissioners, and perform such other duties as the board may pre-
scribe, and he shall have power to administer oaths in all cases per-
taining to the duties of his office. He shall have the power to
designate from time to time one of the clerks appointed by the board
to act as assistant secretary during his absence from the county of
Albany, and the clerk so designated for the time designated shall
within the county of Albany only, possess the powers conferred by
this section upon the secretary of the board. {As amended by L.
1892, cTi. 534.)

§153. Additional officers; their duties. — The board may
also appoint, to serve during its pleasure, the following officers or
any of them: An accouutant, who shall be thoroughly skilled in
railroad accounting, and who shall, under the direction of the board,
make examinations of the books and accounts of railroad and other
corporations, and supervise the quarterly and annual reports made by
the railroad corporations to the board, and collect and compile rail-
road statistics, and perform such other duties as the board may
prescribe. An inspector, who shall be a civil engineer, skilled in
railroad affairs, who shall make such inspections of railroads and
other matters relating thereto, as directed .by the board, and report
to it. Such additional clerical force as may be necessary for the
transaction of its business. The board may also employ engineers,
accountants and other experts whose services they may deem to be of
temporary importance in conducting any investigation authorized by
law. {As amended by L. 1892, ch. 534)

§ 154. Oath of office ; eligibility of officers of board.— Each
commissioner, and every person appointed to office by the board,
shall, before entering upon the duties of his office, take and subscribe
the constitutional oath of office. No person shall be appointed to or
hold the office of commissioner or be appointed by the board to, or
hold any office, place or position under it who holds any official relation
to any railroad corporation, or owns stock or bonds therein, or who
is in any manner pecuniarily interested in any firm or corporation
having business relations with any such corporation.

The Eailroad Law. 125

§ 155. Principal office and meetings of board.— The principal
office of the board shall be at the city of Albany, in rooms designaled
by the capitol commissionerB, and it may have a branch office at the
city of New York, and one at the city of Buffalo; and the board, or a
quorum thereof, shall meet at least once a month during the year at
the office in Albany. The board shall have an official seal, to be pre-
pared by the secretary of state in accordance with law, and its offices
shall be supplied with necessary postage, stationery, office furniture
and appliances, to be paid for as other expenses authorized by this
article, and it shall have prepared for it by the state the necessary
books, maps and statistics, incidentally necessary for the discharge of
its duties.

§ 156. Quorum of board. — Two of the commisioners shall con-
stitute a quorum for the transaction of any business, or the perform-
ance of any duty of the board and may hold meetings thereof at any
time or place within the state. All examinations or investigations
made by the board may be held and taken by and before any one of
the commissioners or the secretary of the board, by order of the
board, and the proceedings and decisions of such single commissioner
or secretary, shall be deemed to be the proceedings and decisions of
the board, when approved and confirmed by it. (As amended by L.
1892, ch. 534.)

§ 157. General powers and duties of board. — The board
shall have power to administer oaths in all matters relating to
its duties, so far as necessary to enable it to discharge such duties,
shall have general supervision of all railroads and shall examine the
same and keep informed as to their condition, and the manner in
which they are operated for the security and accommodation of the
public and their compliance with the provisions of their charters and of
law. The commissioners or either of them in the performance of their
official duties may enter and remain during business hours in the cars,
offices and depots, and upon the railroads of any railroad corporation
within the state, or doing business therein; and may examine the
books and affairs of any such corporation and compel the production
of books and papers or copies thereof, and the board may cause to be
subpoenaed witnesses, and if" a person duly subpoenaed fails to obey
such subpoena without reasonable cause, or shall without such cause
refuse to be examined, or to answer a legal or pertinent question, or
to produce a book or paper which he is directed by subpoena to bring,
or to subscribe his deposition after it has been correctly reduced to
writing, the board may take such proceedings as are authorized by

126 The Kailboad Law.

the Code of Civil Procedure upon the like failure or refusal of a
witness subpoenaed to attend the trial of a civil action before a court
of record or a referee appointed by such court. The board shall
also take testimony upon, and have a hearing for and against any
proposed change of the law relating to any railroad, or of the general
raUroad law, if requested to do so by the legislature, or by the
committee on railroads of the senate or the assembly, or by the
governor, and may take such testimony and have such a hearing when
requested to do so by any railroad corporation, or incorporated organi-
zation representing agricultural or commercial interests in the state,
and shall report their conclusions in writing to the legislature, com-
mittee, governor, corporation or organization making such request;
and shall recommend and draft such bills as will in its judgment pro-
tect the people's interest in and upon the railroads of this state.

§ 158. B.eports of railroad corporations. — The board shall
prescribe the form of the report required by the railroad law to be
made by railroad corporations, and may from time to time make
such changes and additions in such form, giving to the corporation
six months' notice before the expirations of any fiscal year, of any
changes or additions which would require any alteration in the method
or form of keeping their accounts, and on or before September
fifteenth in each year, shall furnish a blank form for such report.
When the report of any corporation is defective, or believed to be
erroneous, the board shall notify the corporation to amend the same
within thirty days. The originals of the reports, subscribed and
sworn to as prescribed by law, shall be preserved in the office of the
board.

§ 159 . Investigation of accidents. — The board shall investi-
gate the cause of any accident on any railroad resulting
in loss of life or injury to persons, which in their judgment
shall require investigation and include the result thereof in their
annual report to the legislature. Before making any such examina-
tion or investigation, or any investigation or examination under this
article, reasonable notice shall be given to the corporation, person or
persons conducting and managing such railroad of the time and
place of commencing the same. The general superintendent or
manager of every railroad shall inform the board of any such accident
immediately after its occurrence. If the examination of the books
and affairs of the corporation, or of witnesses in its employ, shall be
necessary in the course of any examination or investigation into its

The-Eailboad Law. 127

affairs, the board, or a commiBBioner thereof, shall sit for such pur-
pose in the city or town of this state where the principal business
office of the corporation is situated if requested, so to do by the cor-
poration; but the board may require copies of books and papers, or
abstracts thereof, to be sent to them to any part of this state.

§ 160. Recommendations of board, "where law has been
violated. — If, in the judgment of the board, it shall appear that
any railroad corporation has violated any constitutional provision or
law, or neglects in any respect to comply with the terms of the law
by which it was created, or unjustly discriminates in its charges for
services, or usurps any authority not granted by law, or refuses to
comply with the provisions of any law, or with any recommendation
of the board, it shall give notice thereof in writing to the corporation,
and if the violation, neglect or refusal is continued after such notice,
the board may forthwith present the matter to the attorney-general,
who shall take such proceedings thereon as may be necessary for the
protection of the public interests.

§ 161. Recommendations of board, when repairs or other
changes are necessary. — If, in the judgment of the board, after
a careful personal examination of the same, it shall appear that
repairs are necessary upon any railroad in the state, or that any
addition to the rolling stock, or any addition to or change of the
station or station-houses, or that additional terminal facilities shall
be afforded, or that any change of the rates of fare for transporting
freight or passengers or in the mode of operating the road or con-
ducting its business, is reasonable and expedient in order to promote
the security, convenience and accommodation of the public, the board
shall give notice and information in writing to the corporation of the
improvements and changes which they deem to be proper, and shall
give such corporation an opportunity for a full hearing thereof, and
if the corporation refuses or neglects to make such repairs, improve-
ments and changes, within a reasonable time after such information
and hearing, and fails to satisfy the board that no action is required
to be taken by it, the board shall fix the time within which the same
shall be made, which time it may extend. It shall be the duty of the
corporation, person or persons owning or operating the railroad to
comply with such decisions and recommendations of the board as are
just and reasonable. If it fails to do so the board shall present the
facts in the case to the attorney-general for his consideration and
action, and shall also report them in its annual or in a special report
to the legislature^

128 The Railboad'Law.

§ 162. Legal effect of recommendations and action of the
board. — No examination, request or advice of the board, nor any
investigation or report made by it, shall have the effect to impair in
any manner or degree the legal rights, duties or obligations of any
railroad corporation, or its legal liabilities for the consequence of its
acts, or of the neglect or mismanagement of any of its agents or
employes. The supreme court at special term shall have power in its
discretion, in all cases of decisions and recommendations by the board
which are just and reasonable to compel compliance therewith by
mandamus, subject to appeal to the general term and the court of
appeals, and upon such appeal, the general term and the court of
appeals may review and reverse upon the facts as well as the law.
{As amended by L. 1892, ch. 676, taking effect June 7, 1892.)

§ 163. Corporations must furnish, necessary informa-
tion. — Every railroad corporation shall, on request, furnish the
board any necessary information required by them concerning
the rates of fare for transporting freight and passengers upon its
road and other roads with which its business is connected, and the
condition, management and operation of its road, and shall, on
request, furnish to the board copies of all contracts and agreements,
leases or other engagements entered into by it with any person or
corporation. The commissioners shall not give publicity to such
information, contracts, agreements, leases or other engagements, if, in
their judgment, the public interests do not require it, or the welfare
and prosperity of railroad corporations of the state might be thereby
injuriously affected.

§ 164. Attendance of -witnesses and their fees. — All sub-
poenas shall be issued by the president of the board, or by any two
members thereof, and may be served by any person of full age author-
ized by the board to serve the same. The fees of witnesses before
the board shall be two dollars for each day's attendance, and five
cents for every mile of travel by the nearest generally traveled route
in going to and returning from the place where the attendance of the
witness is required, and the fees shall be audited and paid by the
comptroller on the certificate of the secretary of the commission.

§ 165. Fees to be charged and collected by the board.-
The board shall charge and collect the following fees: For copies of
papers and records not required to be certified, or otherwise authen-
ticated by the board, ten cents for each folio of one hundred words;
for certified copies of official documents filed in its office, fifteen cents

The Eailboad Law. 129

for each folio, and one dollar for every certificate under seal affixed
thereto; for each certified copy of the quarterly report made by a
railroad corporation to the board, fifty cents; for each certified copy
of the annual report of the board, one dollar and fifty cents; for cer-
tified copies of evidence and proceedings before the board, fifteen
cents for each folio. No fees shall be charged or collected for copies
of papers, records or official documents, furnished to public officers
for use in their official capacity, or for the annual reports of the board
in the ordinary course of distribution. All fees charged and collected
by the board belong to the people of the state, and shall be paid
quarterly, accompanied with a detailed statement thereof into the
treasury of the state to the credit of the general fund.

§ 166. Annual report of board.— The board shall make an
annual report on or before the second Monday in January in each
year, which shall contain:

1. A record of their meetings and an abstract of their proceedings
during the preceding year.

2. The result of any examination or investigation conducted by
them.

3. Such statements, facts and explanations as will disclose the
actual workings of the system of railroad transportation in its bearing
upon the business and prosperity of the state, and such suggestions
as to the general railroad policy of the state, of the amendment of its
laws, or the condition, affairs or conduct of any railroad corporation,
as may seem to them appropriate.

4. Drafts of all bills submitted by them to the legislature and the
reasons therefor.

5. Such tables and abstracts of all the reports of all the railroad
corporations as they may deem expedient.

6. A statement in detail of the traveling expenses and disburse-
ments of the commissioners, their clerks, marshal and experts.

Five hundred copies of the report with the reports of the railroad
corporations of the state, in addition to the regular number prescribed
by law, shall be printed as a public document of. the state, bound in
cloth for the use of the commissioners, and to be distributed by them
in their discretion to railroad corporations and other persons interested
therein.

§ 167. Certified copies of papers filed to be evidence.—
Copies of all official documents filed or deposited according to law in
the office of the board, certified by a member of the board or the
17

130 The Eailroad Law.

secretary thereof to be true copies of the originals under the official
seal of the board, shall be evidence in like manner as the originals.

§ 168. Acts prohibited. — No railroad commissioner shall, directly
or indirectly, solicit or request from, or recommend to any railroad
corporation, or any officer, attorney or agent thereof, the appointment
of any person to any place or position, nor shall any railroad corpora-
tion, its attorney or agent, offer any place, appointment or position or
other consideration to such commissioners, or either of them, nor to
any clerk or employe of the commissioners or of the board; neither
shall the commissioners or either of them, nor their secretary, clerks,
agents, employes or experts, accept, receive or request any pass from
any railroad in this state, for themselves or for any other person, or
any present, gift or gratuity of any kind from any railroad corpora-
tion; and the request or acceptance by them, or either of them, of any
such place or position, pass, presents, gifts or other gratuity shall
work a forfeiture of the office of the commissioner or commissioners,
secretary, clerk or clerks, agent or agents, employe or employes,
expert or experts, requesting or accepting the same.

§ 169. Salaries and expenses of members and officers of
tbe board. — The annual salary of each commissioner shall be eight
thousand dollars; of the secretary, six thousand dollars; of the mar-
shal, fifteen hundred dollars; of the accountant and of the inspector
such sum as the board may fix, not exceeding three thousand dollars
each ; of the clerical force such sums respectively as the board may
fix. In the discharge of their official duties, the commissioners, their
officers, clerks and all experts and agents whose services are deemed
temporarily of importance, shall be transported over the railroads in
this state free of charge upon passes signed by the secretary of state
and the commissioners shall have reimbursed to them the necessary
traveling expenses and disbursements of themselves, their clerks and
experts, not exceeding in the aggregate five hundred dollars per
month. All salaries and disbursements shall be audited and allowed
by the comptroller, and paid monthly by the state treasurer upon the
order of the comptroller out of the funds provided therefor. (As
amended by L. 1892, ch. 534.)

§ 170. Total annual expense to be borne by railroads.—

The total annual expense of the board authorized by law, excepting
only rent of offices and the cost of printing and binding the annual
reports of the board as provided by law, shall not exceed the sum of
fifty thousand dollars; and shall be borne 1)y the several corporations

The Railboad Law. 131

owning or operating raUroads according to their means, to be appor-
tioned by the comptroller who, on or before July first in each year,
shall assess upon each of such corporations its proportion of such
expenses, one-half in proportion to its net income for the fiscal year
next preceding that in which the assessment is made, and one-half in
proportion to the length of its main road and branches, except that
each corporation whose line of road lies partly within and partly with-
out the state, shall in respect to its net income be assessed on a part
bearing the same proportion to its whole net income that the line of
its road within the state bears to the whole length of road, and in
respect of its main road and branches shall be assessed only on that
part which lies within the state. Such assessment shall be collected
in the manner provided by law for the collection of taxes upon cor-
porations. (.4s amended by L. 1892, ch. 534.)

§ 171. Application of this article. — The provisions of this
article shall apply to all railroads within the state, and the corpora-
tions, receivers, trustees, directors or others, owning or operating the
same or any of them, and to all sleeping and drawing-room car cor-
porations, and to all other associations, partnerships or corporations
engaged in transporting passengers or freight upon any such railroad
as lessee or otherwise.

CONDEMNATION LAW.

CHAPTER 23 OF THE CODE OF CIVIL PROCEDURE.
Chap. 95, Laws of 1890.

AN ACT to amend the Code of Civil Procedure.

Supplemental Peovisions.
TITLE L

PBOCBEDINGS FOR THE CONDEMNATIOK OF REAL PROPERXTl.

Condemnation la'w.

Section 3357. This title shall be known as the condemnation law.

Terms used defined.

§ 3358. The term " person," when used herein, includes a corpora-
tion, joint stock association, the state and a political division thereof,
as well as a natural person; the term "real property," any right,
interest or easement therein or appurtenance thereto; and the term
"owner," all persons having any estate, interest, or easement in the
property to be taken, or any lien, charge, or incwnbrance thereon.
The person instituting the proceedings shall be termed the plaintiff;
and the person against whom the proceeding is brought, the defendant.

Title to real estate, how acquired.

§ 3359. Whenever any person is authorized to acquire title to real
property, for a public use by condemnation the proceeding for that
purpose shall be taken in the manner prescribed in this title.

Petition to supreme court; petition, what to contain.

§ 3360. The proceeding shall be instituted by the presentation of a
petition by the plaintiff to the supreme court setting forth the follow-
ing facts:

1. His name, place of residence, and the business in which engaged;
if a corporation or joint stock association, whether foreign or domestic,
its principal place of business within the state, the names and places
of residence of its principal o£Scers, and of its directors, trustees or
board of managers, as the case may be, and thA object or purpose of
its incorporation or associations ;* if a political division of the state

* So In the orlKlnal.

Condemnation Law. 133

the names and places of residence of its principal officers; and if the
state, the name and place of residence of the officer acting in its
behalf in the proceeding.

2. A specific description of the property to be condemned and its
location, by metes and bounds, with reasonable certainty.

3. The public use for which the property is required and a concise
statement of the facts showing the necessity of its acquisition for
such use.

4. The names and places of residence of the owners of the property;
if an infant, the name and place of residence of his general guardian,
if he has one, if not, the name and place of residence of the person
with whom he resides; if a lunatic, idiot, or habitual drunkard, the
name and place of residence of his committee or trustee, if he has
one; if not, the name and place of residence of the person with whom
he resides. If a non-resident, having an agent or attorney residing
in the state authorized to contract for the sale of the property, the
name and place of residence of such agent or attorney; if the name
or place of residence of any owner can not after diligent inquiry be
ascertained, it may be so stated with a specific statement of the extent
of the inquiry which has been made.

5. That the plaintiff has been unable to agree with the owner of
the property for its purchase and the reason of such inability.

6. The value of the property to be condemned.

7. A statement that it is the intention of the plaintiff, in good faith,
to complete the work or improvement, for which the property is to be
condemned; and that all the preliminary steps required by law have
been taken to entitle him to institute the proceeding.

8. A demand for relief, that it may be adjudged that the public use
requires the condemnation of the real property described, and that
the plaiatiff is entitled to take and hold such property for the public
use specified, upon making compensation therefor, and that commis-
sioners of appraisal be appointed to ascertain the compensation to be
made to the owners for the property so taken.

Notice of presentation of petition; service of petition and
notice.
§ 3361. There must be annexed to the petition a notice of the time
and place at which it will be presented to a special term of the supreme
court, held in the judicial district where the property or some portion
of it is situated, and a copy of the petition and notice must be served
upon all the owners of the property at least eight days prior to its
presentation.

134 Condemnation Law.

Service, how made.

§ 3362 Service of "the petition and notice must be made in the same
manner as the service of a summons in an action in the supreme court
is required to be made, and all the provisions of articles one and two
of title one of chapter five of this act, \?hich relate to the service of a
summons, either personally or in any other way, and the mode of
proving service, shall apply to the service of the petition and notice.
If the defendant has an agent or attorney residing in this state
authorized to contract for the sale of the real property described in
the petition, service upon such agent or attorney will be sufficient
service upon such defendant. In case the defendant is an iixfant of
the age of fourteen years or upwards, a copy of the petition and notice
shall also be served upon his general guardian, if he has one, if not,
upon the person with whom he resides.

Duty of general guardian, committee or trustee; court
when to appoint guardian ad litem; when attorney for
defendant.

§ 3363. If a defendant is an infant, idiot, lunatic or habitual drunk-
ard, it shall be the duty of his general guardian, committee or trus-
tee, if he has one, to appear for him upon the presentation of the
petition and attend to his interests, and in case he has none, or in case
his general guardian, committee or trustee fails to appear for him,
the court shall, upon the presentation of the petition and notice,
with proof of service, without further notice, appoint a guardian ad
litem for such defendant, whose duty it shall be to appear for him
and attend to his interest in the proceeding, and, if deemed necessary
to protect his rights, the court may require a general guardian, com*
mittee or trustee, or a guardian ad litem to give security in such sum
and with such sureties as the court may approve. If a service other
than personal has been made upon any defendant, and he does not
appear upon the presentation of the petition, the court shall appoint
some competent attorney to appear for him and attend to his interests
in the proceeding.

Appearance of parties; service of papers.

§ 3364. The provisions of law and of the rules and practice of the

court, relating to the appearance of parties in person or by attorney

in actions in the supreme court, shall apply to the proceeding from

and after the service of the petition, and all subsequent orders,

' notices and papers may be served upon the attorney appearing and

Condemnation Law. 135

upon a guardian ad litem in the same manner and with the same
effect as the service of papers in an action in the supreme court may
be made.

Answer to petition.

§ 3365. Upon presentation of the petition and notice with proof of
service thereof, an owner of the property may appear and interpose
an answer, which must contain a general or specific denial of each
material allegation of the petition controverted by him, or of any
knowledge or information thereof sufficient to form a belief, or a
statement of new matter constituting a defense to the proceeding.

Verification of petition and answer,

§ 3366. A petition or answer must be verified, and the provisions of
this act relating to the form and contents of the verification of pleadings
in courts of record, and the persons by whom it may be made, shall
apply to the verification.

Trial of issue and decision thereon.

§ 3367. The courts shall try any issue raised by the petition and
answer at such time and place as it may direct, or it may order the
same to be referred to a referee to hear and determine, and upon such
trial the court or referee shall file a decision in writing, or deliver
the same to the attorney for the prevailing party, within twenty days
after the final submission of the proofs and allegations of the parties,
and the provisions of this act relating to the form and contents of
decisions upon the trial of issues of fact by the court or a referee, and
to making and filing exceptions thereto, and the making and settle-
ment of a case -for the review thereof upon appeal, and to the pro-
ceedings which may be had, in case such decision is not filed or
delivered within the time herein required, and to the powers of the
court and referee upon such trial, shall be applicable to a trial and
decision under this title.

Provisions applicable.

§ 3368. The provisions of title one of chapter eight of this act shall
also apply to proceedings had under this title.

Judgment, entry of; in favor of plaintiff; commissioners
of appraisal, appointment of.

§ 3369. Judgment shall be entered pursuant to the direetion of the
court or referee Jn the decision filed. If in favor of the defendant,
the petition shall be dismissed with costs, to be taxed by the clerk at

136 Condemnation Law.

the same rates as are allowed of course to a defendant prevailing
in an action in the supreme court, including the allowances for pro-
ceedings before and after notice of trial. If the decision is in favor
of the plaintiff, or if no answer has been interposed and it appears
from the petition that he is entitled to the relief demanded, judgment
shall be entered, adjudging that the condemnation of the real
property described is necessary for the public use, and that the
plaintiff is entitled to take and hold the property for the public
use specified, upon making compensation therefor, and the court shall
thereupon appoint three disinterested and competent freeholders,
residents of the county where the real property or some part of it is
situated, or of some adjoining county, commissioners to ascertain the
compensation to be made to the owners for the property to be taken
for the public use specified, and fix the time and place for the first
meeting of the commissioners. If a trial has been had, at least eight
days notice of such appointment must be given to all defendants who
have appeared.

Duty of commissioners; report; compensation.

§ 3370. The commissioners shall take and subscribe the constitu-
tional oath of office. Any of them may issue subpoenas and administer
oaths to witnesses; a majority of them may adjourn the proceediiigs
before them, from time to time, in their discretion. Whenever they
meet, except by appointment of the court or pursuant to adjournment,
they shall cause at least eight days notice of such meeting to be given
to the defendants who have appeared, or their agents or attorneys.
They shall view the premises described in the petition, and hear the
proofs and allegations of the parties, and reduce the testimony taken
by them, if any, to writing, and after the testimony in each case is
closed, they, or a majority of them, all being present, shall, without
unnecessary delay ascertain and determine the compensation which
ought justly to be made by the plaintiff to the owners of the property
appraised by them; and, in fixing the amount of such compensation,
they shall not make any allowance or deduction on account of any
real or supposed benefits which the owners may derive from the pub-
lic use, for which the property is to be taken, or the construction of
any proposed improvement connected with such public use. But
in case the plaintiff is a railroad corporation and such real
property shall belong to any other railroad corporation, the
commissioners on fixing the amount of such compensation, shall
fix the same at its fair value for railroad purposes. They shall
make a report of their proceedings to the supreme court with

Condemnation Law. 137

the minutes of the testimony taken by them, if any; and they
shall each be entitled to six dollars for services, for every day
they are actually engaged in the performance of their duties, and
their necessary expenses, to be paid by the plaintiff.

Confirmation of report; rehearing before commissioners;

final order; deposit of money deemed payment.

§ 3371. Upon filing the report of the commissioners, any party may
move for its confirmation at a special term, held in the district where
the property or some part of it is situated, upon notice to the other
parties who have appeared, and upon such motion, the court may con-
firm the report, or may set it aside for irregularity, or for error of law
in the proceedings before the commissioners, or upon the ground that
the award is excessive or insufficient. If the report is set aside, the
court may direct a rehearing before the same commissioners, or may
appoint new commissioners for that purpose, and the proceedings
upon such rehearing shall be conducted in the manner prescribed
for the original hearing, and the same proceedings shall be had for
the confirmation of the second report, as are herein prescribed for the
confirmation of the first report. If the report is confirmed, the court
shall enter a final order in the proceeding, directing that compensa-
tion shall be made to the owners of the property, pursuant to the
determination of the commissioners, and that upon payment of such
compensation, the plaintiff shall be entitled to enter into the posses-
sion of the property condemned, and take and hold it for the public
use specified in the judgment. Deposit of the money to the credit of,
or payable to the order of the owner, pursuant to the direction of the
court, shall be deemed a payment within the provisions of this title

OflFer to purchase by plaintiff; notice of acceptance of
offer; costs and allowances.

§ 3872. In all cases where the owner is a resident and not under
legal disability to convey title to real property the plaintiff before
service of his petition and notice, may make a written offer to pur-
chase the property at a specified price, which must within ten days
thereafter be filed in the office of the clerk of the county where the
property is situated; and which can not be given in evidence before
the commissioners, or considered by them. The owner may at the
time of the presentation of the petition, or at any time previously,
serve notice in writing of the acceptance of plaintiff's order, and
thereupon the plaintiff may, upon filing the petition, with proof of the
making of the offer and its acceptance, enter an order that upon pay-
18

138 COKDEMNATION LaW.

ment of the compensation agreed upon, he may enter into possession
of the real property described in the petition, and take and hold it
for the public use therein specified. If the offer is not accepted, and
the compensation awarded by the commissioners does not exceed the
amount of the, offer with interest from the time it was made, no costs
shall be allowed to either party. If the compensation awarded shall
exceed the amount of the offer with interest from the time it was
made, or if no offer was made, the court shall, in the final order, direct
that the defendant recover of the plaintiff the costs of the proceeding,
to be taxed by the clerk at the same rate as is allowed, ol course, to
the defendant when he is the prevailing party in an action in the
supreme court, including the allowanoee for proceedings before and
after notice of trial and the court may also grant an additional allow-
ance of costs, not exceeding five per centum upon the amount
awarded. The court shall also direct in the final order what sum
shall be paid to the general or special guardian, or committee or trus-
tee of an infant, idiot, lunatic or habitual drunkard, or to an attorney
appointed by the court to attend to the interests of any defendant
upon whom other than personal service of the petition and notice may
have been made, and who has not appeared, for costs, expenses and
counsel fees, and by whom or out of what fund the same shall be paid.
If a trial has been had, and all the issues determined in favor of the
plaintiff, costs of the trial shall not be allowed to the defendant, but
the plaintiff shall recover of any defendant answering the costs of
such trial caused by the interposition of the unsuccessful defense, to
be taxed by the clerk at the same rate as is allowed to the prevailing
party for the trial of an action in the supreme court.

Compensation a-w^arded, etc., to be docketed as a judgment;
delivery of possession; issue of -writ of assistance.

§ ^373. Upon the entry of the final order, the same shall be attached
to the judgment roll in the proceedings, and the amount directed to
be paid, either as compensation to the owners, or for the costs or
expenses of the proceedings, shall be docketed as a judgment against
the person who is directed to pay the same, and it shall have all the
force and effect of a money judgment in an action in the supreme
court, and collection thereof may be enforced by execution and by the
same proceedings as judgments for the recovery of money in the
supreme court may be enforced under the provisions of this act
When payment of the compensation awarded, and costs of the proceed-
ings if any, has been made, as directed in the final order, and a cer-
tified copy of such order has been served upon the owner, he shall

Condemnation Law. 139

upon demand of the plaintiff, deliver possession thereof to him, and in
case possession is not delivered when demanded, the plaintiff may
apply to the court without notice, unless the court shall require notice
to be given, upon proof of such payment and of service of the copy
order, and of the demand and non-compliance therewith, for a writ of .
assistance, and the court shall thereupon cause such writ to be issued,
which shall be executed in the same manner as when issued in other
cases for the delivery of possession of real property.

Abandonment of proceedings by plaintiff.

§ 3374. Within thirty days after the entry of the final order the
plaintiff may abandon the proceeding, by filing and serving a written
notice of his determination to do so, and paying the fees and expenses
of the commissioners, and the costs and expenses directed to be paid
in such order; and thereupon payment of ths amount awarded for
compensation shall not be enforced, but in such case the plaintiff shall
not renew proceedings to acquire title to such lands or any part thereof
without a tender or deposit in court of the amount of the award and
interest thereon.

Appeal from final order; stay of proceedings.

§ 3375. Appeal may be taken to the general term of the supreme
court from the final order, within the time provided for appeals from
orders by title four of chapter twelve of this act; and aU the provisions
of such chapter relating to appeals to the general term from orders of
the special term shall apply to such appeals. Such appeal will bring
up for review all the proceedings subsequent to the judgment, but the
judgment and proceedings antecedent thereto may be reviewed on
such appeal, if the appellant states in his notice that the same will be
brought up for review, and exceptions shall have been filed to the
decision of the court or the referee, and a case or a case and excep-
tions shall have been made, settled and allowed, as required by the
provisions of this act,- for the review of the trial of actions in the
supreme court without a jury. The proceedings of the plaintiff shall
not be stayed upon such an appeal, except by order of the court, upon
notice to him, and the appeal shall not affect his possession of the
property taken, and the appeal of a defendant shall not be heard
except on his stipulation not to disturb such possession.

Appeal from judgement in favor of defendant.

§ 3376. If a trial has been had and judgment entered in favor of
the defendant, the plaintiff may appeal therefrom to the general term

140 Condemnation Law.

within the time provided for appeals from judgments by title four of
chapter twelve of this act, and all the provisions of such chapter
relating to appeals from judgments shall apply to such appeals; and
on the hearing of the appeal the general term may affirm, reverse or
modify the judgment, and in case of reversal may grant a new trial,
or direct that judgment be entered in favor of the plaintiff. If the
judgment is affirmed, costs shall be allowed to the respondent, but if
reversed or modified, no costs of the appeal shall be allowed to either
party.

Ne-vr appraisal.

§ 3377. On the hearing of the appeal from the final order the court
may direct a new appraisal before the same or new commissioners in its
discretion, and the report of such commissioners shall be final and
conclusive upon all parties interested. If the amount of the compen-
sation to be paid is increased by the last report, the difference shall
be a Hen upon the land appraised, and shall be paid to the parties
entitled to the same, or shall be deposited as the court shall direct;
and if the amount is diminished, the difference shall be refunded to
the plaintiff by the party to whom the same may have been paid, and
judgment therefor may be rendered by the court, on the filing of the
last report, against the parties liable to pay the samo.

Adverse and ccuflicting claimants to money.

§ 3378. If there are adverse and conflicting claimants to the money,
or any part of it, to be paid as compensation for the properly taken,
the court may direct the money to be paid into the court by the
plaintiff, and may determine who is entitled to the same, and direct to
whom the same shall be paid, and may, in its discretion, order a
reference to ascertain the facts on which such determination and
direction are to be made.

Power of court to prevent disturbance of possession.

§ 3379. At any stage of the proceeding the court may authorize the
plaintiff, if in possession of the property sought to be condemned, to
continue in possession, and may stay all actions or proceedings againf fc
him on account thereof, upon giving security, or depositing such sum
of money as the court may direct to be held as security for the pay-
ment of the compensation which may be finally awarded to the owner
therefor and the costs of the proceeding, and in every such case the
owner may conduct the proceeding to a conclusion, if the plaiatifi
delays or neglects to prosecute the same.

Condemnation Law. 14:1

Entry upon tlie use of property after answer has been
interposed .

§ 3380. When an answer to the petition has been interposed, and
it appears to the satisfaction of the court that the public interests
will be prejudiced by delay, it may direct that the plaintiff be
permitted to enter immediately upon the real property to be taken,
and devote it temporarily to the public use specified in the petition,
upon depositing with the court the sum stated in the answer as the
value of the property, and which sum shall be applied, so far as it
may be necessary for that purpose, to the payment of the award that
may be made, and the costs and expenses of the proceeding, and the
residue, if any, returned to the plaiutifi, and in case the petition
should be dismissed, or no award should be made, or the proceedings
should be abandoned by the plaintiff, the court shall direct thbt the
money so deposited, so far as it may be necessary, shall be applied to
the payment of any damages which the defendant may have sus-
tained by such entry upon and use of his property, and his costs and
expenses of the proceeding, such damages to be ascertained by the
court, or a referee to be appointed for that purpose, and if the sum
so deposited shall be insufficient to pay such damages, and all costs
and expenses awarded to the defendant, judgment shall be entered
against the plaintiff for the deficiency, to be enforced and collected in
the same manner as a judgment in the supreme court ; and the
possession of the property shall be restored to the defendant.

Notice of pendency of proceedings; effect thereof; duty
of county clerk.

§ 3381. Upon service of the petition, or at any time afterwards
before the entry of the final order, the plaintiff may file in the clerk's
office of each county where any part of the property is situated, a
notice of the pendency of the proceeding stating the names of the
parties find the object of the proceeding, and containing a brief
description of the property affected thereby, and from the time of
filing such notice sJiall be constructive notice to a purchaser, or
incumbrancer of the property affected thereby, from or against a
defendant with respect to whom the notice is directed to be indexed
as herein prescribed, and a person whose conveyance or incumbrance
is subsequently executed or subsequently recorded, is bound by all
proceedings taken in the proceeding after the filing of the notice to
the same extent as if he was a party thereto. The county clerk must
immediately record such notice when filed in the book in his office kept

142 Condemnation Law.

for the purpose of recording notices ot pendency of actions, and index it
to the name of each defendant specified in the direction appended at
the foot of the notice, and subscribed by the plaintiff or his attorney.

Power of court to make all necessary orders, etc.

§ 3882. In all proceedings under this title, -where the mode or man-
ner of conducting all or any of the proceedings therein is not expressly
provided for by law, the court before whom such proceedings may be
pending, shall have the power to make all necessary orders and give
necessary directions to carry into effect the object and intent of this
title, and of the several acts conferring authority to condemn lands for
public use, and the practice in such cases shall conform, as near aa
may be, to the ordinary practice in such court.

Repeal.

§ 3383. So much of all acts and parts of acts as prescribe a method
of procedure in proceedings for the condemnation of real property
for a public use is repealed, except such acts and parts of acts as pre-
scribe a method of procedure for the condemnation of real property
for public use as a highway, or as a street, avenue, or public place in
an incorporated city or village, or as may prescribe methods of pro-
cedure for such condemnation for any public use for, by, on behalf, on
the part, or in the name of the corporation of the city of New York,
known as the mayor, aldermen, and commonalty of the city of New
York, or by whatever name known, or by or on the application of any
board, department, commissioners or other officers acting for or on
behalf or in the name of such corporation or city, or where the title
to the real property so to be acquired vests in such corporation or in
such city; and all proceedings for the condemnation of real property
embraced within the exceptions enumerated in this section are
exempted from the operation of this title. , (Thus amended by chap.
247, Laws of 1890.)

Title, "when to take effect.

§ 3384. This title shall take effect on the first day of May, one thou-
sand eight hundred and niaety, and shall not affect any proceeding
previously commenced.

CONDEMKATION LaW. 143

TITLE II.

PEOCEEDINGS FOK THE SALE OE CORPORATE REAL PROPERTY.

Proceedings on application to sell, mortgage, etc., property.

Section 3390. Whenever any corporation or joint etock association
is required by law to make application to the court for leave to mort-
gage, lease or sell its real estate, the proceeding therefor shall be had
pursuant to the proYisions of this title.

Petition to court; petition, vrhat to contain; verification.

§ 3391. The proceedings shall be instituted by the presentation to
the supreme court of the district or the county court of the county
where the real property, or some part of it, is situated, by the corporar
tion or association, applicant, of a petition setting forth the following
iacts:

1. The name of the corporation or association, and of its directors,
trustees or managers, and of its principal officers, and their places of
residence.

2. The business of the corporation or association, or the object or
purpose of its incorporation or formation, and a reference to the
statute under which it was incorporated or formed.

3. A description of the real property to be sold, mortgaged or
leased, by metes and bounds, with reasonable certainty.

4. That the interests of the corporation or association will be pro-
moted by the sale, mortgage or lease, of the real property specified,
and a concise statement of the reasons therefor.

5. That such sale, mortgage or lease has been authorized, by a vote
of at least two-thirds of the directors, trustees or managers of the
corporation or association, at a meeting thereof, duly called and held,
and a copy of the resolution granting such authority.

6. The market value of the remaining real property of the corpora-
tion or association, and the cash value of its personal assets, and the
total amount of its debts and liabilities, and how secured, if at all.

7. The application proposed to be made of the moneys realized from
such sale, mortgage or lease.

8. Where the consent of the shareholders, stockholders or members
of the corporation or association, is required by law to be first
obtained, a statement that such consent has been given, and a copy of
the consent or a certified transcript of the record of the meeting at
which it was given shall be annexed to the petition.

144 Condemnation Law.

9. A demand for leave to mortgage, lease or sell the real estate
described.

The petition shall be verified in the same manner as a verified
pleading in an action in a court of record.

Hearing of application.

§ 3392. Upon presentation of the petition, the court may immedi-
ately proceed to hear the application, or it may, in its discretion,
direct that notice of the application shall be given to any person
interested therein, as a member, stockholder, officer or creditor of the
corporation or association, or otherwise, in which case the application
shall be heard at the time and place specified in such notice, and the
court may in any case appoint a referee to take the proofs and report
the same to the court, with his opinion thereon.

Court may grant application; appearance on hearing.

§ 3393. Upon the hearing of the application, if it shall appear, to
the satisfaction of the court, that the '.nterests of the corporation or
association will be promoted thereby, an order may be granted author-
izing it to sell, mortgage or lease the real property described in the
petition, or any part thereof, for such sum, and upon such terms as
the court may prescribe, and directing what disposition shall be made
of the proceeds of such sale, mortgage or lease.

Any person, whose interests may be affected by the proceeding,
may appear upon the hearing and show cause why the application
should not be granted.

Notice to creditors on application of insolvent corpora-
tion, etc.

§ 3394. If the corporation or association is insolvent, or its
property and assets are insufficient to fully liquidate its debts and
liabilities, the application shall not be granted, unless all the creditors
of the corporation have been served with a notice of the time and
place at which the application will be heard.

Service of notices.

§ 3395. Service of notices, provided for in this title, may be made
either personally or, in case of absence, by leaving the same at the
place of residence of the person to be served, with some person of
mature age and discretion, at least eight days before the hearing of
the application, or by mailing the same, duly enveloped and addressed
and postage paid, at least sixteen days before such hearing.

Condemnation Law. 145

Po-wer of court to make all necessary orders.

§ 3396. In all applications made under this title, where the mode or
manner of conducting any or all of the proceedings thereon are not
expressly provided for, the court before whom such application may
be pending, shall have the power to make all the necessary orders '
and give the proper directions to carry into effect the object and
intent of this title, or of any act authorizing the sale of corporate real
property, and the practice in such cases shall conform, as near as may
be, to the ordinary practice in such court.

Title, when to take effect.

§ 3397. This title shall take effect May first, one thousand eight
hundred and ninety, and shall not affect any proceeding previously
commenced.

General Laws Relating to Railroad Corporations, not
Included in Those Preceding or Repealed Thereby.

Chap. 306, La-vrs of 1892.

AN ACT to amend chapter five hundred and sixty-five of the laws
of eighteen hundred and ninety, entitled " An act in relation to
railroads, constituting chapter thirty-nine of the general laws."

Affboyed b7 the GoTernor April 16, 1892. Passed, three-fifths being present
Section 1. Section ninety-three of chapter five hundred and sixty-
five of the laws of eighteen hundred and ninety, entitled " An act in
relation to railroads, constituting chapter thirty-nine of the general
laws," is hereby amended so as to read as follows:

§ 93. Condition upon which consent shall be given ; sale
of franchise at public auction. — The consent of the local
authorities in cities containing twelve hundred and fifty thousand
inhabitants or more, according to the last federal census or state
enumeration, must contain the condition that the right, franchise
and privilege of using any street, road, highway, avenue, park or
public place shall be sold at public auction to the bidder who will
agree to give the city the largest percentage per annum of the gross
receipts of such corporation, with a bond or undertaking in such
forn^ or amount and with such conditions and sureties as maybe
required and approved by the comptroller or other chief fiscal officer
of the city for the fulfillment of such agreement and for the com-
mencement and completion of its railroad within the times herein-
after designated according to the plan or plans and on the route or
routes fixed for its construction. Whenever such consent shall
provide for the sale at public auction of the right to construct and
operate a branch or extension of an existing railroad, such consent
shall provide that but one fare shall be exacted for passage over such
branch or extension and over the line of the road which shall have
applied therefor, and further, that if such right shall be purchased
by any corporation other than the applicant that the gross receipts
from joint business shall be divided in the proportion that the length

Genebal Laws. 147

of such extension or branch so sold shall bear to the entire length of
the road which shall have applied therefor, and of such branch or
extension and that if such right shall be purchased by the applicant,
the percentage to be paid shall be calculated on such portion of its
gross receipts as shall bear the same proportion to the whole value
thereof as the length of such extension or branch shall bear to the
entire length of its road. The bidder to whom such right, franchise
and privilege may be sold must be a duly incorporated railroad cor-
poration of this state, organized to construct, maintain and operate a
street railroad in the city for which such consent may be given, but
no such corporation shall be entitled to bid at such sale unless at
least five days prior to the day fixed for such sale, or five days prior
to the day to which such sale shall have been duly adjourned, the
corporation shall have filed with the comptroller or other chief
fiscal officer of the city, a bond in writing and under seal, with suffi-
cient sureties to be approved by such comptroller or officer, condi-
tioned that if such right, franchise and privilege shall be sold to such
corporation to pay to the city where such railroad is situated the
sum of fifty thousand dollars as liquidated damages and not by way
of penalty, in the event of the failure of such bidder to fulfill the
terms of sale, comply with the provisions of this article pertinent
thereto, and complete and operate its railroad according to the plan
or plans and upon the route or routes fixed for its construction within
the time hereinafter designated for the construction and completion
of its railroad, and also conditioned to pay to the company first
applying for the consent, if it shall not be the successful bidder, the
necessary expenses incurred by such corporation prior to the sale
pursuant to requirement and direction of the local authorities, within
twenty days after such sale and upon the certificate of the comptroller
or other officer conducting the same as to the sum or amount to be
paid. Notice of the time and place, and terms of sale, and of the
route or routes to be sold, and of the conditions upon which the
consent of the local authorities to the construction, operation and
extension of such street railroad will be given, must be published by
such authorities for at least three successive weeks, and in any city
iiaving two or more daily newspapers at least thre« times a week in
two of such papers to be designated by the mayor, and in any city
where two daily newspapers are not published, at least once a week in
a newspaper published therein to be designated by the mayor. The
comptroller or othpr chief fiscal officer of the city shall attend and
conduct such sale and may twice adjourn the same, but not more than
four weeks in all, and shall cancel any bid if the bidder shall not have

148 Geneeal Laws.

furnished adequate security entitling such bidder to bid or shall
otherwise fail to comply with the terms and conditions of sale, and
shall resell the consent and license in the same manner as herein-
before provided for the first sale. The bidder who may build and
operate such raUroad shall at all times keep accurate books of account
of the business and earnings of such railroad, which books shall at all
times be subject to the inspection of the local authorities. In the
event of the failure or refusal of the corporation operating or using
such railroad to pay the rental or percentage of gross earnings agreed
upon, and after notice of not less than sixty days to pay the same, the
local authorities interested therein may apply to any court having
jurisdiction upon at least twenty days' notice to such corporation, and
after it shall have had an opportunity to be heard in its defense, for
judgment declaring the consent and right to operate and use such
railroad forfeited and authorizing the sale again of the same in
the manner hereinbefore prescribed, provided, however, that no
such resale shall be authorized except upon the condition that the
same shall be subject to all liens and incumbrances existing on said
railroads at the time such forfeiture may have been declared.
All consents hereafter given by the local authorities shall cease
and determine at the expiration of two years thereafter, and all
such consents heretofore given shall continue until June thirtieth,
eighteen hundred and ninety-three, when they shall cease, unless
prior thereto the consent of a sufficient number of the property
owners or the order of the general term in lieu thereof shall
have been first obtained, and the provisions of this section shall
apply to all applications for such consents, made under any statute
either before or after the passage of this chapter, and not finally
acted upon at the time of its passage. Whenever it shall be desired to
unite two street surface railroads or railroad routes at some point not
over one-half mile from such respective lines or routes and establish by
the construction of such connection a new route for public travel and
the corporation or corporations owning or using such railroads shall
consent to operate such connection as a part of a continuous route for
one fare, and it shall appear to the local authorities that such connec-
tion can not be operated as an independent railroad without incon-"
venience to the public, but that it is to the public advantage that the
same should be operated as a continuous line or route with existing
railroads, or whenever, for the purpose of connecting with any ferry
or railroad depot, it shall be desired to construct an extension or branch
not more than one-half mile in length of any street surface railroad,
no sale of such franchise shall be made as provided in this section, but

Genebal Laws. 149

any consent of the local authorities for the construction and operation
of such connection, extension or branch shall provide that the corpo-
ration or corporations operating such connection, extension or branch
shall pay into the treasury of said city annually the percentages pro-
vided for extensions or branches in section ninety-five of this article,
for the purposes, at the times, in the manner and upon the conditions
set forth in such section.

§ 2. Section one hundred and two of chapter five hundred and sixty-
five of the laws of eighteen hundred and ninety, entitled "An act in
relation to railroads, constituting chapter thirty-nine of the general
laws," is hereby amended so as to read as follows:

§ 102. Construction of road in street along or across where
other road is built. — No street surface railroad corporation shall
construct, extend or operate its road or tracks in that portion of any
street, avenue, road or highway, in which a street surface railroad is,
or shall be lawfully constructed, except for necessary crossings, with-
out first obtaining the consent of the corporation owning and main-
taining the same except that any street surface railroad company may
use the tracks of another street surface railroad conpany for a distance
not exceeding one thousand feet, whenever the court upon an appli-
cation for commissioners shall be satisfied that such use is actually
necessary to connect main portions of a line to be constructed as an
independent railroad, or to connect said railroad with a ferry, and
that the public convenience requires the same, in which event the right
to such use shall only be given for a compensation to an extent and
in a manner to be ascertained and determined by commissioners to be
appointed by the courts as is provided in the condemnation law, or by
the board of railroad commissioners in cases where the corporations
interested shall unite in a request for such board to act. Such com-
missioners in determining the compensation to be paid for the use by
one corporation of the tracks of another, shall consider and allow for
the use of tracks and for all injury and damage to the corporation
whose tracks may be so used.

§ 3. This act shall take effect immediately.

150 Genebal Laws.

Chap. 460, Laws of 1892.

An Act to amend chapter five hundred and sixty-five of
the laws of eighteen hundred and ninety, entitled " An
act in relation to railroads, constituting chapter
thirty-nine of the general laws."

Appeoved by the Governor May 3, 1892. Passed, three-flf ths being present.

Section 1. Section one hundred and eight of chapter five hundred
and sixty-five of the laws of eighteen hundred and ninety, is hereby
amended so as to read as follows:

§ 108. When sand may be used on tracks. — After the pass-
age of this act it shall be lawful for the owner or operator of any
horse or surface street railroad in the cities of this state having a
population of five hundred thousand or more to place upon the spaces
between the tracks of said road, and on the tracks and grades on
said railroad at any time between the first of November and the
first of April of each year, sand in sufficient limited quantities
to prevent the horses traveling thereon from slipping.

§ 2. This act shall take effect immediately.

Chap. 702,' Laws of 1892.

AN ACT to amend the railroad law, being chapter five

hundred and sixty-five, laws of eighteen hundred and

ninety.
Appkoved by the Governor May 19, 1892. Passed, three-fifths being present.

Section 1. Section sixteen of the railroad law, being chapter five
hundred and sixty-five of the laws of eighteen and ninety, is hereby
amended to read as follows:

§ 16. Tunnel railroads. — When, according to the route and plan
for the building of its road, adopted by any railroad corporation,
including corporations organized under chapter one hundred and
forty of the laws of eighteen hundred and fifty, and the acts amend-
atory thereof, and supplementary thereto, it shall be necessary or
proper to build it or any part of it underground, or to tunnel or
bridge any river or waters, such corporation may enter upon, acquire
title to and use such lands under water and uplands, except on or
along any canals of the state, as shall be necessary for the purposes
herein mentioned, and may construct, erect and secure the necessary

General Laws. 151

foundations and other Btructures which may be required for operat-
ing and maintaining such road, or connecting the same with another,
and to acquire, in the manner provided by law, such lands or rights
or easements in lands along its route, upon, over or beneath the
surface thereof as may be necessary for the construction of its road
and making such connections. Where such road runs underneath
the ground, at such depth as to enable the corporation to tunnel the
same, such tunnel shall be so built and at all times kept in such con-
dition as to make the surface of the ground above the same and in the
neighborhood thereof firm and safe for buildings and other erections
thereon, and if surface excavations are made the surface shall be
restored to its former condition as soon as can be done, except so far
as may be actually required for ventilation of the tunnel beneath the
same or access thereto. Such road or any part of it may be built
within the limits of any city or incorporated village of this state, and
run by means of a tunnel underneath any of the streets, roads or
public places thereof, provided, such corporation shall, before con-
structing the same underneath any such street,- road or public place,
have obtained the consent of the owners of one-half in value of the
property bounded on the line of such street, road or public place, and
the consent of the board of trustees of the village, by a resolution
adopted at a regular meeting and entered on the records of the board,
or of the proper authorities of the city having control of such streets,
roads or public places. If the consent of such property owners can
not be obtained, the general term of the supreme court, in the district
in which said city or village or any part thereof is situated, may upon
application appoint three commissioners, who shall determine, after a
hearing of all parties interested, whether such railroad ought to be
built underneath such streets, roads or public places, or any of them,
and in what manner the same may be so built with the least
damage to the surface and to the use of the surface by the
public and the determination of the commissioners confirmed by the
court may be taken in lieu of the consent of the property owners.
All railroad corporations constructing their road under this section
shall be subject to all the provisions of this chapter applicable
thereto. Any other railroad corporation may connect its road there-
with, at such points or places as it may elect, and where such connec-
tions shall be made by connecting roads, the railroad corporations
owning such roads shall build, at their joint expense, and for their
joint use, such passenger and freight depots, and other accommoda-
tions for handling passengers and freight, as may be required for the

152 General Laws.

convenience of the public. AH railroad corporations, constructing
any tunnel under this section shall be liable to any person or corpora-
tion for all damages which may be sustained by reason of the con-
struction of such tunnel. Whenever it shall be necessary in con-
structing any railroad authorized by this section through any city or
incorporated village, to alter the position or course of any sewer, or
water or gas pipes, it shall be done at the expense of the railroad
corporation under the direction of the department or corporation hav-
ing charge thereof, so as not to interfere with such work. In all
cases the use of streets, docks and lands beneath which such rail-
road is constructed, and on the route thereof and the right of way
beneath the same, for the purpose of such railroad, shall be consid-
ered, and is hereby declared, a public use, consistent with and one of
the uses for which streets and docks are publicly held. No public
park or square in any city or village of this state shall be used or
occupied by any corporation for any of the purposes of this section,
and every road constructed hereunder in or through any such street
or public place shall be wholly underground and constructed in a
tunnel and not otherwise.

§ 2. This act shall take effect immediately.

Article VIII, section 1 of the Constitution of the State of
New York.
Corporations may be formed under general laws, but shall not be
created by special act, except for municipal purposes, and in cases
where in the judgment of the Legislature, the objects of the corpo-
ration can not be attained under general laws. All general laws and
special acts passed pursuant to this section may be altered from
time to time.

CHAP. 276, LAWS OF 1834.

AN ACT to incorporate the Medina and Darien Kailroad

Company.
********
Power of Canal Commissioners.

§ 17. The canal commissioners are hereby invested with a general
and supervisory power over so much of any railroad as passes over
any canal or feeder belonging to this state, or approaches within ten
rods of such canal or feeder, so far as such power may be necessary
to preserve the free and perfect use of the canals or feeders of this
state, and necessary for making any repairs, improvements or altera-
tions in the same; and said company shall not construct their railroad

General Laws. 153

over or at any place within ten rods of any canal or feeder belonging
to this state, unless said company shall lay before the commissioners
aforesaid, a map, plan, and profile, as well of the canal or feeder as of
the route designated for their railroad, exhibiting distinctly and
accurately the relation of each to the other, at all the places within the
limits of ten rods as aforesaid; and shall thereupon obtain the written
permission of said canal commissioners, with such conditions, instruc-
tions and limitations as, in the judgment of said canal commissioners,
the free and perfect use of any such canal or feeder may require.

•fC -JC 3(C !fC ^ Pp 3fC SfE

CHAP. 133, LAWS OF 1847.

AN ACT authorizing the incorporation of rural cemetery

associations.

No street, road, avenue or thoroughfare to be laid out
through a cemetery.
§ 10. The cemetery lands and property of any association formed
pursuant to this act, and any property held in trust by it for any of
the purposes mentioned in section nine of this act, shall be exempt
from all public taxes, rates and assessments, and shall not be liable to
be sold on execution, or be applied in payment of debts due from any
individual proprietor. But the proprietors of lots or plots in such
cemeteries, their heirs or devisees, may hold the same exempt there-
from, so long as the same shall remain dedicated to the purposes of a
cemetery, and during that time no street, road, avenue or thorough-
fare shall be laid out through such cemetery, or any part of the lands
held by such association for the purposes aforesaid, without the con-
sent of the trustees of such association, except by special permission
of the Legislature of the State. {As amended by L. 1877, ch. 31.)

CHAP. 300, LAWS OF 1835.

AN ACT to enlarge the powers of commissioners of

highways.
Lawful for commissioners of highways, having supervision
thereof to give written consent for construction across
road or highway.
Section 1. Whenever any association or individual shall construct a
railroad upon land purchased for that purpose, or a route which shall
cross any road or other public highway, it shall be lawful for the com-
20

154 Geneeal Laws.

missioner of highways, having the Supervision thereof, to give a
written consent that such railroad may be constructed across, or on
such road or other public highway; and thereafter such association or
individual shall be authorized to construct and use such railroad
across or on such roads or other highways as the commissioners
aforesaid shall have permitted; but any public highway thus inter-
sected or crossed by a railroad shall be so restored to its former state
as not to have impaired its usefulness.

CHAP. 62. LAWS OF 1853.

A.N ACT to regulate the construction of roads and streets
across railroad tracks.

Laying out streets or highways across railroad tracks.

Section 1. It shall be lawful for the authorities of any city, village
or town in this State, who are by law empowered to lay out streets and
highways to lay out any street or highway across the track of any
railroad now laid or which may hereafter be laid, without compensa-
tion to the corporation owning such railroad; but no such street or
highway shall be actually opened for use until thirty days after notice
of such laying out has been served personally upon the president,
vice-president, treasurer or a director of such corporation.

Railroad corporations to cause street laid out across their
track to be taken at most convenient place for public
travel.

§ 2. It shall be the duty of any railroad corporation, across whose
track a street or highway shall be laid out as aforesaid, immediately
after the service of said notice, to cause the said street or highway to
be taken across their track, as shall be most convenient and useful for
public travel, and to cause all necessary embankments, excavations and
other work to be done on their road for that purpose; and^all the pro-
visions of the act, passed April 2, 1850, in relation to crossing streets
and highways, already laid out, by railroads, and in relation to
cattle-guards and other securities and facilities for crossing such
roads, shall apply to streets and highways hereafter laid out.

Penalty for neglect or refusal-

§ 3. If any railroad, corporation shall neglect or refuse, for thirty
days after the service of the notice aforesaid, to cause the necessary
work to be done and completed, and improvements made on such

General Laws. 155

streets or highways across their road, they shall forfeit and pay the
sum of twenty dollars for every subsequent day's neglect or refusal,
to be recovered by the officers laying out such street or highway
to be expended on the same; but the time for doing said work may
be extended, not to exceed thirty days, by the county judge of the
county in which such street or highway, or any part thereof, may be
situated, if, in his opinion, the said work cannot be performed within
the time limited by this act.

CHAP. 452, LAWS OF 1881.
AN ACT to authorize corporations owning canals to con-
struct and operate railroads along side of or in lieu
thereof.
Corporation owning canal may construct railroad,

Sectioh 1. It shall be lawful for any corporation of this State
owning and operating a canal to construct and operate along or in
lieu of such canal a railroad, and the exercise of the authority hereby
conferred shall not be deemed to forfeit or impair its corporate rights
under its charter or act of incorporation.

Corporate powers.

§ 2. Such company, in the construction and maintenance of any
such railroad under the authority of this act, shall have, possess and
enjoy all the powers and privileges contained in an act entitled " An
act to authorize the formation of railroad corporations and to regulate
the same," passed April 2, 1850, and the several acts amending the
same, and be subject to aU the duties, liabilities and provisions so far
as relates to any powers or privileges by this act upon said company
conferred and hereafter exercised.

Not authorized to construct railroad in any other locality.

§ 3. Nothing in this act contained shall authorize the construction
of any railroad except upon or along such canal owned and operated
by any such company, and not in any other locality.

CHAP. 189, LAWS OF 1891.
AN ACT to incorporate the Whirlpool Bridge Company.
Power to take and hold real estate; corporation to have
same powers as railroad corporations in certain matters.

§ 7. The said corporation is hereby empowered to purchase, receive
and hold such real estate on either side of the Niagara river, as may

156 General Laws.

be necessary and convenient in accomplishing the objects for which
this charter is granted, and may, by their surveyor and engineer,
enter upon such sites and locations and take possession of the same.
All such sites and locations as shall be entered upon, as aforesaid,
shall, except donations, be purchased of the owner or owners at a price
to be mutually agreed upon; in cases of disagreement as to the prices
to be paid for such land, within the boundaries of the State of New
York, then the said corporation shall possess all the powers and privi-
leges contained in the thirteenth, fourteenth, fifteenth, sixteenth,
seventeenth, eighteenth, nineteenth, twentieth, twenty-first, twenty-
second, twenty-third, twenty-fourth, twenty-fifth, twenty-sixth and
twenty-eighth sections of the act entitled " An act to authorize the
formation of raUroad corporations and to regulate the same," passed
April second, eighteen hundred and fifty, and as the same have been
and stand amended and subject to the duties, liabilities and provisions
of the said sections contained.

This corporation to possess general powers, etc., pre-
scribed in act authorizing consolidation of certain
railroad companies.

§ 8. The corporatian shall possess the general powers and be sub-
ject to the restrictions and liabilities prescribed in the act entitled
" An act authorizing the consolidation of certain railroad companieB,"
passed May twentieth, eighteen hundred and sixty-nine, so far as the
same are applicable thereto, for the purpose of consolidating with any
corporation chartered for like purposes by the parliament of Canada;
and shall further have the power to lease the said bridge, the
approaches and connections and appurtenances thereto, to any char-
tered corporation for such time and on such time and terms as may
be agreed upon.

CHAP. 555. LAWS, OF 1890.

AN ACT to provide for the improvement and maintenance
of the public roads in certain counties as county roads.

Construction of horse, electric or other railways.

§ 7. No horse railway or electric or other railway shall be laid, con-
structed or operated on said county roads, unless, in addition to the
requirements of existing laws, the same shall be authorized by a two-
third vote of the board of supervisors and unless the same shall be
constructed with a flat or grooved rail, and in case of horse railways,

General Laws. 157

paved between the tracks in the manner prescribed by the board of
supervisors in the resolution authorizing the same and the same con-
stantly maintained in good order and condition by said railroad com-
pany, and the railroad or corporation constructing the same shall
agree thereto, and it shall be the duty of the said board of supervisors

to require from said railroad or corporation, or other person, a bond
with sufficient sureties as a guarantee, and conditioned for the per-
formance of their agreement, and the board of supervisors may, from
time to time, require such bond to be renewed in case the sureties or
any of them, in its judgment, shall become insufficient.

CHAP. 253, LAWS OF 1891.

AN ACT concerning the Niagara Falls Power Company, and
to amend chapter eighty-three of the laws of eighteen
hundred and eighty-six, as amended. by chapter one
hundred and nine of the laws of eighteen hundred and
eighty-nine.

Right to enter upon lands under streets, highways, rail-
roads, etc.

§ 10. Said company may enter upon and use the ground or soil
under any street, highway, road, railroad land or public ground,
except Erie canal land, within said counties for the purposes aforesaid,
and may, when necessary, change the location or surface grade of any
street, highway or road; and such right shall be continuous for said
purposes, including the relaying, repairing, altering or extending its
works; provided, however, that in cases where any open canal or
other open work of said company, shall cross any street, highway,
road, public ground or railroad land, said company shall construct,
and at all times thereafter maintain suitable and proper bridges over
its said work where such bridges are rendered necessary by the con-
struction of its said works; and in cases where its pipes or other
covered work shall be laid under the surface of any road, street
highway, public ground or railroad land the surface thereof shall be
made and kept suitable for public travel, and as nearly as may be as
it was before said work was done; and in cases of posts and elevated
conductors, cables or wires upon and over such road, street, highway,
public ground or railroad land, the same shall be so placed and
elevated as not to interfere with the ordinary use thereof by the public
or railroad company, or highway or railroad purposes.

158 Genebal Laws.

CHAP. 267, LAWS OF 1891.

AN ACT to authorize change of gauge on railroads and
to provide for an increase of floating and bonded
indebtedness.
Section 1. Any railroad company incorporated under chapter one
hundred and forty of the laws of eighteen hundred and fifty, entitled
"An act to authorize the formation of railroad corporations and to
regulate the same," and acts amendatory thereof and supplementary
thereto, may change the gauge of its road on consent of the board of
railroad commissioners and approval of the stockholders of said rail-
road company owning three-fourths in amount of the capital stock,
said approval of said stockholders to be made at a special meeting of
the stockholders of said ccmpany called for that purpose; and upon
like consent of said board of railroad commissioners, and upon like
approval of the stockholders of said railroad company owning three-
fourths in amount of the said capital stock of said company, the float-
ing and bonded indebtedness of said railroad company may be
increased to an amount necessary to make such change of gauge
and to provide for the operating expenses of said railroad, notwith-
standing restrictions or limitations contained in the original certificate
of incorporation of said railroad company.

CHAP. 604, LAWS OF 1892.

AN ACT for the relief of street surface railroad companies
organized under chapter two hundred and fifty-two of
the laws of eighteen hundred and eighty-four.

Section 1. Any street railroad company now organized under
chapter two hundred and fifty-two of the laws of eighteen hundred
and eighty-four, which shall have heretofore constructed and is now
operating any extension or branch of its railroad along any streets or
highways or j)ortion thereof within any county named in its articles
of association, in a city not exceeding in population fifty thousand
inhabitants, and shall heretofore have obtained the consent of the
owners of one-half in value of the property bounded on and the con-
sent also of the local authorities having control of that portion of a
street or highway upon which it has constructed or operated such
railroad, is hereby authorized to operate and maintain the same
respectively in like manner and as fully as if the said streets and

GBNEBAii Laws. 159

highways, or portions thereof, were fully named and described in its
articles of association, and upon filing in the office of the secretary of
state a certificate signed by its board of directors, which certificate
shall contain a statement of the names of cities, towns, Tillages and
counties, and the names or descriptions of the streets, avenues and
highways in which such extension or branch has been constructed,
the places from and to which the same has been constructed and is to
be maintained and operated, and the length thereof, as near as may
be; thereupon the said extensions and branches shall be deemed and
considered a part of the lines of railway of such corporation from the
date of the filing thereof, with the same force and effect as if the same
were fully named and described in its original articles of association,
and all corporate action relating to the construction, maintenance and
o peration of such extensions or creating liens upon the same by the
said corporation, are hereby validated and confirmed.

§ 2. Nothing in this act contained shall affect or impair any vested
right or any pending litigation.

§ 3. This act shall take effect immediately.

CHAP. 294, LAWS OF 1891.
AN ACT in relation to elevated railways in cities.
When elevated road may abandon part of its route ; pro-
ceeding's in such case.

Section 1. Any company operating an elevated railway or railways
in any city of this state for the transportation of passengers, mails or
freight, and which, prior to the passage of this act shall have built
and operated six-tenths of its route as set forth and embodied in its
articles of incorporation, may declare relinquished* and abandoned
any portion of its said route, which it may deem no longer necessary
for the successful operation of its road and the convenience of the
public. Such declaration of abandonment to be valid, shall be
adopted by the board of directors, under the seal of such company,
and shall be submitted to the stockholders thereof at a meeting called
for the purpose of taking the same into consideration. Due notice of
the time and place of holding said meeting, and stating the object
thereof shall be given by the company to its stockholders by written
or printed notices addressed to each of the persons in whose name
the capital stock of the company stands on the books thereof, at the

•So In the original.

160 General Laws.

address of such persons as stated on the books, or as known to the
secretary of the company, and delivered or mailed to such persons, or
the legal representatives of such persons, respectively, at least thirty
days before the time of holding the meeting of such company, and also
by a general notice published daily for at least four weeks in some
newspaper last designated for the publication of the session laws or of
judicial proceedings and legal notices in the county where the route
of such company is located; and at the said meeting of stockholders
the declaration of the said directors shall be considered and a vote by
ballot taken for the adoption or rejection of the same, each share
entitling the holder thereof to one vote, and said ballots shall be cast
in person or by proxy, and if two-thirds of all the votes of the stock-
holders cast in person or by proxy at said meeting shall be for the
adoption of said declaration of abandonment, then that fact shall be
certified thereon by the secretary of the company under the seal
thereof, and the declaration so adopted shall be submitted for approval
to the state board of railroad commissioners, and if approved by them,
such approval shall be indorsed thereon, and the said declaration so
certified and indorsed shall be filed and recorded in the office of the
secretary of state, and from the time of such filing such portion of
said route designated, in such declaration of such company shall be
deemed to be abandoned. A copy of such declaration of abandon-
ment, duly certified by the secretary of state, under his official seal,
shall be presumptive evidence in all courts and places of the facts
which it recites, and of the regularity of the proceedings resulting in
such abandonment.

CHAP. 416, LAWS OF 1890.

AN ACT to allow domestic electric light and power corpo-
rations to build, maintain and operate by electricity as a
motive power, railroads other than street surface rail-
roads and not exceeding twenty miles in length.

Section 1. All stockholders of any domestic electric light and power
company incorporated under a general law, and having at least fire
stockholders, and actually carrying on business in this state, may
execute and file in the offices in which the original certificates of
incorporation thereof are filed, an amended certificate of incorpora-
tion, complying in every other respect than as to the number of
signers, who shall be mot less than five, and as to the number of
directors, who shall not be less than five, with the provisions of

General Laws. 161

section one and two of chapter one hundred and forty of the laws of
eighteen hundred and fifty, entitled " An act to authorize the forma-
tion of railroad corporations and to regulate the same," and may also
in and by such certificate amend the corporate name of such corpora-
tion, by adding before the word " company " in its corporate name
the words " and railroad," and upon the filing of such certificate the
said corporation shall have the right to build, maintain and operate
by electricity as a motive power a railroad not exceeding twenty
miles in length and not a street surface railroad, and such corporation
shall otherwise be subject to all the provisions of the general railroad
laws of the state, and have all the powers, rights and privileges
thereby conferred upon railroad corporations.

§ 2. This act shall not apply to any railroad now located in whole
or in part or hereafter to be located in any city in this state.

CHAP. 322, LAWS OF 1870.

AN ACT to authorize corporations to change their names.
Corporation may apply for change of name

Section 1. Any incorporation, incorporated company, society or
association organized under the laws of this state, excepting banks>
banking associations, trust companies, life, health, accident, marine
and fire insurance companies, may apply at any special term of the
supreme court sitting in the county in which shall be situated its
chief business office, for an order to authorize it to assume an other
corporate name. ( Thus amended by Laws of 1876, chap. 280.)

Form of petition ; notice of application, how published ; of
what facts court must he satisfied.

§ 2. Such application shall be by petition, which shall set forth the
grounds of the application, and shall be verified by the chief officer
of the corporation. Notice of such application shall be published for
six weeks in the state paper and in a newspaper of every county in
which such corporation shall have a business office or, if it have no
business office, of the county in which its principal corporate property
is situated, such newspaper to be one of those designated to publish
the session laws; and it must appear to the satisfaction of the court
that such notice has been so published, and that the application is
made in pursuance of a resolution of the directors, trustees or other
managers of the corporation applying. In the city and county of
New York, in place and stead of the foregoing publications, such
21

162 Genebal Laws.

notice shall be published for six weeks in two daily newspapers pub-
lished in said county. {Thus amended by chap. 38, Laws of 1891.)

Power of court to make order; copy of order, where to be
filed ; same to be published.

§ 3. If the court to which such application is made shall be satis-
fied, by such petition so verified, or by other evidence, that there is
no reasonable objection to such corporation changing its name, it may
make an order authorizing it to assume the proposed new corporate
name. A copy of said order shall be filed in the office of the secretary
of state and with the county clerk of every county in which said cor-
poration has a business office, or, if it have no business office, of the
county in which its principal corporate property is situated, and be
published at least once in each week for four weeks in some news-
paper in every county where such corporation has a business ofSce,
or if it have no business office, in the county in which its principal
corporate property is situated, such newspapei to be designated by
the court.

Chang-e of corporate name, when to take effect.

§ 4. "When the requirements of this act shall have been complied
with, the corporation applying for a change of name may, from and
after the day specified in the order of the court, be known by and use
the new corporate name designated in the order of the court.

Change of name not to affect pending suits, etc. ; obligations
and actions, how enforced or continued.

§ 5. No suit or legal proceeding commenced by or in behalf of or
against any corporation shall abate by reason of a change of its cor-
porate name made as herein authorized. Such change of the corpo-
rate name of the said corporation or company shall in no way affect
the rights or liabilities of said corporation or company. All obliga-
tions of said company or corporation may be enforced against said
corporation or company in the changed name, and all actions and pro-
ceedings commenced and pending against said corporation or
company at the time said corporate name is changed shall be continued
in the name in which said action or proceedings were commenced,
or the court may, on the application of either party, allow the action
or proceeding to be continued in the corporate name to which said
corporation or company has been changed.

General Laws, 163

CHAP. 317, LAWS OF 1881.

AN ACT to authorize a change, in certain cases, of the time
for holding elections in railroad companies.

Companies may change time for holding elections.

Section 1. Any railroad company, the time for the annual election
of directors in which is now fixed for any day in the month of June,
may, by a vote of a majority of the stock, either in person or by proxy,
thereof to that effect, and filing in the office of the secretary of state
a copy of such proceedings, certified by the secretary of the company
under its corporate seal, change the time for holding such annual
election to any day in the month of April; provided, however, that the
first election held under such resolution shall be held in the month
of April which shall precede the time at which such election would
otherwise have been held.

CHAP. 378, LAWS OF 1883.
AN ACT in relation to receivers of corporations.
Application for appointment of receiver, where made.

Section 1. Every application hereafter made for the appointment of
a receiver of a corporation shall be made at a special term of the court
held in and for the judicial district in which the principal business
office of the corporation was located at the commencement of the
action wherein such receiver is appointed or in and for a county
adjoining such district; and any order appointing a receiver, other-
wise made, shall be void.

Compensation.

§ 2. Every receiver shall be allowed to receive, as compensation for his
services as such receiver, five per centum for the first $100,000 received
and paid out, and two and a half per centum on all sums received and
paid out in excees of the said $100,000. But no receiver shall be
allowed or shall receive, from such percentages or otherwise, for his
said services for any one year, any greater sum or compensation than
$12,000, nor for any period less than one year more than at the rate

164 General Laws.

of $12,000 per year, provided that where more than one receiver shall
be appointed, the compensation shall be divided between such
receivers. (Thus amended, chap. 275, Laws of 1886.)

Order appointing receiver to designate place of deposit.

§ 3. All orders appointing receivers of corporations shall designate
therein one or more places of deposit, wherein all funds of the cor-
poration not needed for immediate disbursement shall be deposited,
and no deposits or investments of such trust funds shall be made else-
where, except upon the order of the court upon due [notice given to
the attorney-general.

Duties of receiver.

§ 4 It shall be the duty of every receiver of an insurance, banking or
railroad corporation, or trust company, to present every six months to
the special term of the supreme court, held in the judicial district wherein
the place of trial or venue of the action or special proceeding in which he
was appointed may then be, on the first day of its first sitting, after the
expiration of said six months, and to file a copy of the same, if a receiver
of a bank or trust company, with the bank superintendent; if a
receiver of an insurance company, with the superintendent of insur-
ance, and in each case with the attorney-general, an account exhibit-
ing in detail the receipts of his trust, and the expenses paid and
incurred therein during the preceding six months; and it shall be
unlawful for any receiver of the character specified. in this section to
pay to any attorney or counsel any costs, fees or allowance until the
amounts thereof shall have been stated to the special term in this
manner, as expenses incurred, and shall have been approved by that
court by an order of the court duly entered; and any such order
shall be the subject of review by the general term and the Court of
Appeals on an appeal taken therefrom by any party aggrieved thereby.
Of the intention to present such account, as aforesaid, the attorney-
general shall be given eight days' notice in writing, and the attorney-
general shall examine the books and accounts of such receiver at least
once every twelve months. {Thus amended by chap. 40, Laws of 1885.)

Intervener to pay his own legal expenses ; no allowance to
be made for costs to attorney.
§ 5. In case of the intervention of any policy-holder or depositor,
by permission of the court, such poUcy-holder or depositor shall
defray the legal expenses thereof, and no allowance shall be made for
costs or fees to any attorney of such policy-holder or depositor.

General Laws. 165

Receiver to close up affairs within one year.

§ 6. The affairs of every insolvent corporation now in the hands of
any receiver shall be fully closed up by the receiver thereof within
one year from the passage of this act, unless the court, upon applica-
tion by said receiver and upon due notice to the attorney-general,
shall give additional time for that purpose.

Attorney-General may apply to have receiver removed;
appeal.

§ 7. The Attorney-General may, at any time he deems that the inter-
ests of the stockholders, creditors, policy-holders, depositors or other
beneficiaries interested in the proper and speedy distribution of the
assets of any insolvent corporation will be subserved thereby, make a
motion in the supreme court at a special term thereof, in any judicial
district, for an order removing the receiver of any insolvent corpora-
tion and appointing a receiver thereof in his stead, or to compel him ,
to account, or for such other and additional order or orders as to
him may seem proper to facilitate the closing up of the affairs of such
receivership, and any appeal from any order made upon any motion
under this section shall be to the general term of said court of the
department in which such motion, is made.

Copies of all papers to be served on attorney-general.

§ 8. A copy of all motions and all motion papers, and a copy of any
other application to the court, together with a copy of the order or
judgment to be proposed thereon to the court, in every action or pro-
ceeding now pending for the dissolution of a corporation or a distri-
bution of its assets, or which shall hereafter be commenced for such
purpose, shall, in all cases, be served on the attorney-general, in the
same manner as provided by law for the service of papers on attor-
neys who have appeared in actions, whether the applications but for
this law would be ex parte or upon notice, and no order or judgment
granted shall vary in any material respect from the relief specified in
such copy or order unless the attorney-general shall appear on the
return day and have been heard in relation thereto; and any order
or judgment granted in any action or proceeding aforesaid, without
such service of such papers upon the attorney-general, shall be void,
and no receiver of any such corporation shall pay to any person any
money directed to be paid by any order or judgment made in any
such action or proceeding, until the expiration of eight days after a
certified copy of such order or judgment shall have been served aa
aforesaid upon the attorney-generaL

166 General Laws.

Where applications under this act to be made; venue
changed.
§ 9. All applications to the court contemplated by this act shall be
made i:a the judicial district where the principal office of the inBol-
vent corporation was located; and the venue of all actions or pro-
ceedings now pending, not in the judicial district where the principal
office of the insolvent corporation was located, are hereby changed
and transferred to the county and judicial district where such princi-
pal office was located.

Preference on calendar.

§ 10. All actions or other legal proceedings and appeals therefrom,
or therein brought by or against a receiver of any of the insolveni
corporations referred to in this act, shall have a preference upon the
calendars of all courts next in order to actions or proceedings brought
by the people of the state of New York.

Repeal.

§ 11. All acts or parts of acts inconsistent herewith are hereby
repealed.

CHAP. 285, LAWS OF 1884.
AN ACT to provide for the transfer of securities and prop-
erty by bankrupt corporations to the receivers of such
corporations, and for the transfer by the superintend-
ent of the insurance department to receivers of insol-
vent life insurance and annuity companies of funds and.
securities deposited with such superintendent by such
company for the security of policy-holders.
Where receivers have or shall be appointed for any corpo-
ration other than Insurance companies on application by
attorney-general, property to vest in receiver ; proviso.
Section 1. In all cases where receivers have been or shall be
appointed for any corporation of this state other than an insurance
company, on application by the attorney-general, all property, real
and personal, and all securities of every kind and nature belonging to
such corporation, no matter where located or by whom held, shall be
transferred to, vested in and held by such receiver; provided, how-
ever, that such transfer shall only be made when directed by an order
of the supreme court, due notice of the application for such order
having been made on the attorney-general and the custodian of the
funds, securities or property.

General Laws. 167

CHAP. 376, LAWS OF 1885.

AN ACT to provide for the payment of wages to employees,
operatives and laborers of domestic -corporations, other
than insurance and moneyed corporations, of which a
receiver shall be appointed.

Wag^es of employees to be preferred.

Section 1. Where a receiver of a corporation created or organized
under the laws of this state and doing business therein, other than
insurance and moneyed corporations, shall be appointed, the wages
of the employees, operatives and laborers thereof shall be preferred
to every other debt or claim against such corporation, and shall
be paid by the receiver from the moneys of such corporation which
shall first come to his hands.

CHAP. 310, LAWS OF 1886.

AN ACT to provide for the winding up of corporations
which have been annulled and dissolved by legislative
enactment.

Duty of attorney-g-eneral.

Section 1. Whenever any corporation organized under the laws of
this state shall be annulled and dissolved by an act of the legislature,
it shall be the duty of the attorney-general immediately thereafter to
bring a suit to wind up and finally settle and adjust the affairs of
such annulled and dissolved corporation.

Suit, where to be brought.

§ 2. Such suit shall be brought in the supreme court in the name of
the people of the state, in any county which the attorney-general may
select. The president, or vice-president, or secretary, or treasurer of
such dissolved corporation, who may have been in office at the time of
the dissolution thereof, shall be named, as such officer, as defendant
in such suit, and the summons and complaint therein shall be served
upon him. If, at the time of such annuUment and dissolution, there
shall not be one of the above designated officers of such corporation,
then such suit shall be brought against and the summons and com-
plaint therein served upon any one of the persons who were last acting
AS directors of such corporation.

168 Geneeal IjAWi

Court to appoint receiver.

§ 3. It shall be the duty of the special term of the supreme court
in the county designated in such summons and complaint, or of any
judge of said court who resides in the judicial department ia which
such county is situated, upon the presentation of a certified copy of
the act of the legislature annulling and dissolving a corporation, and
of the summons and complaint founded thereon, immediately to
appoint a receiver of the assets and property of such dissolved corpo-
ration; and the person so appointed shall be both the temporary and
permanent receiver thereof, and shall give a bond with sureties to be
approved by said court or such judge thereof, to the people of the
State in t^e penalty of not less than $10,000, conditioned for the faith-
ful discharge of his duties as such receiver, and for his due accounting
for, and paying over all moneys and property which may come to his
hands as such receiver. No one of the officers, directors or stock-
holders of such corporation shall be appointed such receiver thereof.

Receiver to make inventory.

§ 4. Such receiver shall, immediately after his appointment and the
approval of his botfd, cause an inventory of all the property of such
dissolved corporation to be taken and filed in the office of the clerk of
the county in which such action is pending, and for the purpose of
ascertaining the nature, extent and location of such property, the said
receiver shall have power to compel the attendance of witnesses, as
hereinafter provided, and all evidence taken by or before said receiver
in relation to such property shall be filed by him in the office of such
county clerk.

Notice to creditors; powers and duties of receiver; credi-
tors to present claims.
§ 5. The said receiver shall, immediately after his appointment, pub-
lish in two newspapers to be designated by said court, or such judge
thereof, daily for one week, and for such longer time, not exceeding
one month, as the said court or such judge thereof may by order
designate, a notice to all creditors of such dissolved corporation to
present their claims and demands against, and all evidences of indebt-
edness of such dissolved corporation, to such receiver at a time and
place to be designated in such notice. Such receiver is hereby
authorized to examine on oath any of such creditors, or claimants, or
other witnesses, as to any and all matters pertaining to any claim or
demand or evidence of indebtedness so presented. At the expira-
tion of ten days from the date specified in such notice, or within

General Liws. 169

sucii further time as may be allowed by said court or such
judge thereof, the said receiver shall make a list of all the claims
presented to or proved before him, in vrhich list he shall
specify the amount, origin and true consideration of each claim
so presented to or proved before him, and the name of the
person in whose behalf the same is presented or proved, and
the date when such claimant became the true owner thereof.
Such list when so completed shall be verified by such receiver, and
shall thereupon be filed, together with such evidence as may have
been taken by him, in the office of the said county clerk. The said
receiver shall, immediately after such filing, publish a notice daily for
fourteen days in two newspapers to be designated by said court, or
such judge thereof, stating that such list will be presented to such
court, or to a judge thereof, residing in such county, on a day and at
a place to be designated in such notice, and the said court or such
judge thereof will then and there be asked for an order directing the
sale at public auction of all the property specified in such inventory.
Any creditor or stockholder may appear and be heard at such time
and place. It shall be the duty of said court, or of such judge
thereof, to whom such list shall be presented, to examine the same,
together with such evidence as the receiver shall have taken, and to
reject all claims, demands and evidences of indebtedness which were
not legally incurred or created by said corporation, or which were in
excess of its powers, or which are for any reason shown to be illegal;
and no claim or demand shall be allowed for any greater amount than
the money value of the consideration therefor, unless the said court
or judge shall find and decide from the evidence taken by and before
the receiver, that the person professing to own such claim does in
truth own the same by reason of having taken a negotiable instru-
ment or paper before the act dissolving and annulling the corporation
alleged to be bound by such instrument or paper, and also before
such instrument or paper was by its terms due, and that the same
was taken for value paid, and parted with in good faith before said
act of dissolution and without knowledge or notice of any defect,
want or deficiency of previous consideration, or other equity, off-set
or deferee originally attaching to such instrument or paper, or to the
claim or demand upon which the same are founded. Such examina-
tion and rejection shall be made by such court or such judge thereof,
and not by any referee.

170 General Liws.

When claim of creditop is debarred; right of creditor to
appeal; sale of property; allowance to receiver ; distri-
bution of assets.

§ 6. All creditors whose claims shall not have been presented as above
provided shall be debarred from participating in the avails of the sale
of the property described in said inventory. Any creditor whose claim
may have been rejected, and who shall have appealed, may apply to
said court or such judge thereof for an order that a pro rata amount
of the avails of such sale which would have appertained to the claim
of such creditor, had not the same been rejected, may be retained in
court to abide the result of his appeal, and said court, or such judge
thereof, shall have discretion to grant the same. Any claimant feeling
aggrieved by such rejection may appeal therefrom to the general term
and to the Court of Appeals, in the manner now provided by law for
such appeals from orders in civil actions, but neither of such
appeals shall stay the proceedings of such receiver or court, or
judge thereof, or a sale of such property as herein provided for. The
amount of all claims and demands so rejected by said court or such
judge shall be deducted from the total amount of claims and demands
so filed by the said receiver, and ah entry of such rejection shall be
made upon said list by said court or such judge, and thereupon the
said court or such judge shall by order, reciting the proceedings direct
the immediate sale by said receiver, at public auction, at a time and
place and in the manner, and after such notice as may be provided in
said order, of all the property in said inventory specified, to such per-
son, firm or corporation as shall bid the highest sum or amount there-
for. .The receiver shall report to said court or such judge thereof,
the name of the highest bidder, the amount bid, and thereupon said
court or such judge thereof shall by order forthwith direct the said
receiver by proper written instrument to convey and transfer all of
the property described in said inventory, and offered "for sale at said
auction, to said highest bidder, who on receiving the same shall pay
to the receiver the sum bid. The said court or such judge thereof,
shall allow to the receiver two per cent upon the whole amount received
by him from the sale of the property described in said inventory for
his compensation as such receiver, and also his disbursements, includ-
ing witness' fees, and the service of subpoenas and to the %ttomey-
general, and to such other counsel as the receiver may find it necessary
to employ, a reasonable counsel fee. The residue of the amount in the
hands of the receiver shall be by him distributed among the owners of

General Laws. 171

the claims in said list, which have been allowed subject to the deduc-
tions above provided for in case of an appeal, pro rata, or in full if such
residue shall be sufScient therefor, and the receipts of such owners
therefor shall be taken upon such list of claims. The balance of such
residue, if any, shall be distributed among the lawful stockholders of
such corporation in proportion to their interest therein.

Proceedings not to be stayed.

§ 7. No issue raised by answer, or demurrer, or otherwise, to the
complaint hereinbefore provided for shall stay the proceedings of the
receiver, or court, or a judge thereof.

Discharge of receiver.

§ 8. The said receiver after such payment may apply to said court,
or a judge thereof jfor his final discharge, and if it shall appear that
the said receiver has in all things fulfilled his duty in the premises,
the said court or judge shall grant such final discharge, and said
receiver, until so discharged, may as such receiver sue for and collect
all debts due, and demands owing to such corporation.

Subpoenas, by whom issued ; receiver may administer oaths ;
false swearing, perjury.

§ 9. It shall be the duty of the clerk of the county in which such
suit is brought, to issue, upon the request of the receiver, sub-
poenas to compel the attendance of witnesses to enable him to
ascertain the nature, Extent and location of the property of said
corporation, and to give evidence concerning any claim which may
be presented by any creditor against the estate of such corporation,
which subpoenas shall be served in like manner as in civil actions, and
the fees of the witness shall be the same as are now established by
law in such actions. The receive'r shall have full power and authority
to administer oaths to all such witnesses and to any creditor of such
dissolved corporation, and to examine them concerning the prop-
erty of such dissolved corporation, and as to the claims presented
against it. Disobedience to such subpoenas shall be a contempt of
court, and shall be punished in like manner as other contempts of
court are now punishable. Willful false swearing by any witness or
creditor in any such examination shall be deemed perjury, and shall
be punishable as such in like manner as if committed by a witness en
a trial of a civil action.

172 Genebal likVfB.

Leave to sue receiver, how and where obtainable.

§ 10. All applications for leave to sue such receiver and all appli-
cations for injunctions to restrain his proceedings, shall be made only
to the supreme court in the county in which such action was brought,
and shall not be made to any other court, or to the supreme court in
any other county, and shall not be granted except upon eight days'
notice to the attorney-general of the time and place of making such
application. In any action hereafter brought or now pending by the
attorney-general, to close up, determine or settle the affairs of any
corporation dissolved by legislative enactment, the judgment or
determination of the supreme court at general term may be reviewed
upon appeal to the Court of Appeals, as now provided by law, whether
the judgment rendered in the case be interlocutory or final. {Thus
amended, chap. 601, Laws of 1887.)

Repeal, etc.

§ 11. This act shall take effect immediately, and all acts and parts
of acts inconsistent therewith are hereby repealed.

CHAP. 84, LAWS OF 1871.

AN ACT to authorize the owners and holders of certain
railroad mortgage bonds, made payable to bearer, to
render the same payable to order only.

Railroad and other corporate bonds ; how made non-nego-
tiable.

Section 1. It shall be lawful for any person or persons owning and
holding any railroad mortgage bonds, or other corporate bonds (for
which a registry is not by law provided), heretofore issued or which
may be hereafter issued and made payable in this state and which
are made payable to bearer, to render the same non-nego#.able by the
owner and holder indorsing upon the same and subscribing a state-
ment that said bond is the property of such owner. And thereupon
the principal sum of money mentioned in said bond shall only be pay-
able to such owner or his legal representatives or assigns.

Transfers : how made.

§ 2. The bonds described and referred to in the first section of this
act may be transferred by an indorsement in blank, giving name and
residence of assignor, or they may be transferred by an indorsement
payable to bearer or to the order of the purchaser (naming him), sub-
scribed by the assignor, giving name and place of residence.

General Laws. 173

CHAP. 595, LAWS OF 1873.
AN ACT relative to certain negotiable corporate bonds and

obligations.
How owner may make bonds non-negotiable.

Section 1. The owner or holder of any corporate or municipal bond
or obligation (except such as are designed to circulate as currency)
payable to bearer, heretofore issued, or which may hereafter be issued
and payable in this state, but not registered in pursuance of any law
thereof, may niake the same non-negotiable (except as provided in
the second section of this act), by subscribing his name to a statement
indorsed thereon that such bond or obligation is his property; and
thereupon the principal sum therein mentioned shall be payable only
to such owner or holder, or his legal representatives or assigns.

How transferred after such indorsement.

§ 2. The bonds and obligations mentioned in the last section, after
having been indorsed as therein provided, may be transferred by an
indorsement, in blank, or payable to bearer, or to order, with the
addition of the assignor's place of residence.

The provisions of this act to apply to interest coupons.

§ 3. The provisions of this act shall apply to all interest coupons
accompanying any corporate or municipal bond or obligation pay-
able in this state.

Repeal.

§ 4. So much of chapter 84 of the Laws of 1871, entitled "An act to
authorize the owners and holders of certain railroad mortgage bonds,
made payable to bearer, to render the same payable to order only,"
as is inconsistent with this act is hereby repealed.

CHAP. 779, LAWS OF 1868.

AN ACT in relation to mortgages executed by railroad

companies.
Chattel mortgages.

Section 1. It shall not be necessary to file as a chattel mortgage,
any mortgage which has been, or shall hereafter be, executed by any
raiboad company upon real and personal property, and which has
been or shall be recorded as a mortgage of real estate in each county
in or through which the railroad runs.

174 Genebal Laws.

CHAP. 529, LAWS OF 1870.

AN ACT in relation to mechanics' liens.
Provisions of lien law extended to railroad bridges and
trestle work.
Section 1. The provisions of the laws relating to mechanics' liens
heretofore passed shall apply to bridges and trestle work erected for
railroads and materials furnished therefor, and labor performed in
constructing said bridges, trestle work and other structures con-
nected therewith, and the time within which said liens may be filed
shall be extended to ninety days from the time when the last work
shall have been performed on said bridges, trestle work and struc-
tures connected therewith, or the time from which said materials
shall have been delivered. This act shall apply to all uncompleted
work commenced previous to the passage of this act.

CHAP. 392, LAWS OF 1875.

AN ACT for the better security of railroad employees for

labor performed.
Lien for labor upon rolling stock, track, etc.

Section 1. Any person who shall hereafter perform any labor for a
railroad corporation shall, on filing with the county clerk of any
county in which such railroad corporation is situated, or through
which the road of such corporation passes, the notice prescribed by
the second section of this act, have a lien for the value of such labor
upon such railroad track, rolling stock and appurtenances, and upon
the land upon which such railroad track and appurtenances are
situated, to the extent of the right, title and interest of such rail-
road corporation in the property existing at the time of filing the
said notice.

When notice to be filed ; to be entered by county clerk on
" lien docket ; " fee.
§ 2. Within thirty days after the performance and completion of
(such labor, such person shall file a notice in writing with the county
clerk of the county where the property is located, specifying the
amount of claim, and the corporation against whom the claim is made.
The county clerk shall enter the particulars of such notice in a book
to be kept in his office, to be called the " lien docket," with the name
of claimant, amount claimed, the name of such corporation against
which such claim is made, and the date of the filing of the notice,

Genebal Laws. 175

hour and minute. A fee of ten cents shall be paid to said clerk on
filing such lien, and said notice when so filed, shall thereafter operate
as an incumbrance upon said property.

Value of labor to be proved on trial.

§ 3. Any person performing labor, in availing himself of the pro-
visions of this act, shall upon the trial, or at the assessment of
damages, produce evidence to establish the value of such labor, aid
that the same was performed for such railroad corporation.

Lien, how enforced.

§ 4. Any laborer, performing any work, or assignee thereof, may,
after such labor is performed, and the service of the notice required
by the first section of this act, bring an action in any of the courts of
the county in which said property is situated, to enforce said lien,
requiring such railroad corporation to appear, by attorney, within
thirty days after such service and answer the same, or, in default
thereof, the claimant may take judgment for the amount of claim anil
costs.

Lien to continue one year.

§ 5. Every lien created under the provisions of this act shall continue
until the expiration of one year, unless sooner discharged by the
court or some legal act of the claimant in the proceedings; but when a
judgment is entered therein, and docketed with the county clerk
within said year, it shall be a lien upon the real property of the rail-
road corporation against whomlit is obtained to the extent that other
judgments are now made a lien thereon.

Priority of liens.

§ 6. The liens created and established by virtue of the provisions of
-this act shall be paid and settled according to the priority of the
notice filed with the county clerk, as directed by the second section
hereof.

Liens, how discharged.

§ 7. All liens created by this act may be discharged as follows:

1. By filing with the county clerk a certificate of the claimant, or
his successors in interest, acknowledged or proved in the same man-
ner as a conveyance of real estate, stating that the lien has been paid
or discharged; or

2. By depositing with the court or clerk of the court a sum of
money equal to double the amount claimed which money shall be
thereupon held subject to the determination of the lien; or

176 GENEEiL Laws.

3. By an entry of the county clerk made in the book of liens, that
the proceedings on the part of the claimant have been dismissed by
the court in which it is brought, or a judgment rendered against the
said claimant; or

4. By an affidavit of the service of a notice from such railroad cor-
poration, or its attorney, to the claimant, requiring such claimant to
commence an action for the enforcement of said lien within twenty days
after service of said notice, and the failure of said claimant to com-
mence an action as aforesaid.

Personal liability of stockholders; notice; time for com-
mencing action.

§8. Each and all the stockholders of such corporation shall be
jointly and severally liable for the debts due or owing to any of its
laborers or servants, other than contractors, for personal service for
ninety days service, or less than ninety days service, performed for
such corporation, but shall not be liable to an action therefor, before
an execution shall be returned unsatisfied in whole or in part against
the corporation, and the amount due on such execution shall be the
amount recoverable with costs against such stockholders; before such
laborer or servant shall charge such stockholders for such ninety
days service, or less than ninety days service, he shall give notice in
writing, within twenty days after the performance of such service,
that he intends to so hold him liable, and shall commence such
action therefor within thirty days after the return of such execution
unsatisfied, as above mentioned; and every such stockholder against
whom any such recovery by such laborer or servant shall have been
had, shall have a right to recover the same of the other stockholders
in such corporation in ratable proportion to the amount of the stock
they shall respectively hold with himself.

CHAP. 383, LAWS OF 1883.

AN ACT entitled " An act-relating to certain contracts for
the lease or conditional sale of railroad equipment and
rolling stock and providing for the record thereof."

Conditional sale, lease op loan of equipment and rolling
stock to be invalid as to judgment creditors and pur-
chasers, without notice, unless evidenced in writing and
recorded.

Section 1. Whenever any railroad equipment and rolling stock shall
hereafter be sold, leased or loaned on the condition that the title to

Geneeal Laws. 177

the same, notwithstanding the possession and use of the same by the
vendee, lessee or bailee, shall remain in the vendor, lessor or bailor,
until the terms of the contract as to the payment of the installments,
amounts or rentals payable, or the performance of other obligations
thereunder shall have been fully complied with, but also providing
that title thereto shall pass to the vendee, leasee or bailee on full
payment therefor as aforesaid, such contracts shall be invalid as to
any subsequent judgment creditor or any subsequent purchaser for a
valuable consideration without notice, unless

1. The same shall be evidenced by writing, duly acknowledged
before some person authorized by law to take acknowledgments of
deeds.

2. Such vyriting shall be recorded in the same book as mortgages
are recorded, in the office of the clerk of the county in which is
located the princfpal office or place of business of such vendee, lessee
or bailee within the State, or in the office of the register in counties
where there is a register's office.

Name of vendor, etc., to be on locomotive or ear, etc.

3. Each locomotive or car so sold, leased or loaned shall have the
name of the vendor, lessor or bailor, or the assignee of such vendor,
lessor or bailor plainly marked upon both sides thereof, followed by
the word owner, lessor, bailor or assignee, as the case may be.

Not to invalidate any contract heretofore made if recorded
within ninety days.
§ 2. This act shall not be held to apply to or invalidate any contract
heretofore made of the character described in the first section, but
the same shall be and remain valid if recorded within ninety days
from the date hereof.

CHAP. 488, LAWS OF 1885.

AN ACT to amend chapter three hundred and fifteen of the
laws of eighteenhandred and eighfcy-foar, entitled "An
act requiring contracts for the conditional sale of per-
sonal property on credit to be filed in the town clerk's
and other offices."

Amending' section 2, chapter 315, Laws of 1884.
Section 1. Section two of chapter three hundred and fifteen of the

laws of eighteen hundred and eighty-four, entitled "A-n act requiring

contracts for the conditional sale of personal property on credit to be
23

178 GiasEBAL Laws.

filed in the town clerk's and other offices," is hereby amended so as
to read as follows :

Instruments, where to be filed.

§ 2. The instruments mentioned in the preceding section shall be
filed in the several towns and cities of this State, where the person to
whom such property is so contracted to be sold, if a resident of this
state, shall reside at the time of the execution thereof; and if not a
resident, then in the city or town where the property so contracted
to be sold shall be at the time of the execution of such instrument
In the city of New York such instrument shall be filed in the ofSce of
the register of the city, and in the county of Kings in the office of the
register of said county. In the several cities of this state other than
the cities of New York and Brooklyn, and in the several towns of this
state in which a county clerk's office is kept, in si}ch office; and in
each of the other towns in this state, in the office of the town clerk
thereof. If the conditional vendee be a railroad corporation, the
instrument mentioned in the preceding section shall be filed in the
office of the clerk of each county through which its railroad is
located, or, in counties where there is a register, in the office of the
register, and such filing shall be deemed sufficient for all the pur-
poses of this act. Such registers and clerks are hereby required to
file all such instruments aforesaid, presented to them respectively
for that purpose, and to indorse thereon the time of receiving the
same, and shall deposit the same in their respective offices, to be kept
there for the inspection of all persons interested.

CHAP. 225, LAWS OF 1888,

AN ACT further to amend chapter 315 of the Laws of 1884,

entitled "An act requiring contracts for the conditional

sale of personal property on credit to be filed in the

town clerk's and other offices."

Section 1. Section seven of chapter three hundred and fifteen of the

Laws of eighteen hundred and eighty-four, entitled "An act requiring

contracts for the conditional sale of personal property on credit to be

filed in the town clerk's and other offices," as the same was amended

by chapter four hundred and eighty-eight of the Laws of eigliteen

hundred and eighty-five, and by chapter four hundred and ninety-five

of the Laws of eighteen hundred and eighty-six, is hereby further

amended so as to read as follows:

g Y * * * This act shall not apply to railroad equipment or
rolling-stock sold, leased or loaned, undpr a contract which has been

General Laws. 179

or must be recorded pursuant to the provisions of chapter three hun-
dred and eighty-three of the Laws of eighteen hundred and eighty-
three, entitled "An act relating to certain contracts for the lease or
conditional salo of railroad equipment and rolling-stock, and provid-
ing for the record thereof."

CHAP. 63, LAWS OF 1887.

AN ACT to provide for the amicable adjustment of griev-
ances and disputes that may arise between employer
employees and to authorize the creation of a State
Board of Mediation and Arbitration.
********

Act applicable to all corporations.
§ 13. Whenever the term " employer " or " employers " is used in

this act, it shall be held to include "firm,'' "joint stock association,"

" company," or " corporation," as fully as if each of the last-named

terms was expressed in eacAi place.

CHAP. 381, LAWS OF 1889.
AN ACT to provide for the cash payment of wages by

corporations.
Wages payable only in cash.

Section 1. Every manufacturing, mining or quarrying, mercantile,
railroad, street railway, canal, steamboat, telegraph and telephone
corporation, and every incorporated express company, and water com-
pany not municipal, shall pay to each and every employee engaged in
its business the wages earned by such employee in cash; and it shall
not be lawful for any of the above-named companies or corporations
to pay their employees in their own scrip or that of others com-
monly known as store money orders.

Penalty for violation of act.

§ 2. Any corporation violating any of the provisions of this act shall
be punished by a fine not exceeding fif by, and not less than ten dollars,
on each complaint on which it is convicted, provided complaint for
such violation is made within thirty days from the da;te thereof.

Act when to go into operation.

§ 3. This act shall take effect upon the first day of July, one
thousand eighb hundred and eighty-nine.

180 General L^w.

CHAP. 388, LAWS OF 1890.

AN ACT to provide for the weekly payment of wages by

corporations.

Weekly payment of wag-es required.

Section 1. Every manufacturing, mining or quarrying, lumbering,
mercantile, railroad, surface, street, electric and elevated railway
(except steam surface railroads), steamboat, telegraph, telephone and
municipal corporation, and every incorporated express company and
water company shall pay weeklj-, each and every employe, engaged in
its business, the wages earned by such employe, to within six days of
the date of such payment, provided, however, that if at any time of
payment any employe shall be absent from his regular place of labor,
he shall be entitled to said payment at any time thereafter upon
demand.

Penalty for violation; penalties how recovered; assignment
of wages when forbidden.

§ 2. Any corporation violating any of the .provisions of this act shall
be liable to a penalty not exceeding fifty dollars and not less than ten
dollars for each violation, to be paid to the people of the state and
which may be recovered in a civil action ; provided an action for such
violation is commenced within thirty days from the date thereof.
The factory inspectors of this state, their assistants or deputies may
bring an action in the name of the people of the state as plaintiff
against any corporation which neglects to comply with the provisions
of this act for a period of two weeks, after having been notified in writ-
ing by such inspectors, assistants or deputies, that such action will be
brought. On the trial of such action, such corporation shall not be
allowed to set up any defense for a failure to pay weekly any employe
engaged in its business the wages earned by such employe to within
six days of the date of such payment other than a valid assignment
of such wages or a valid set-ofE against the same, or the absence of
such employe from his regular place of labor at the time of payment, or
an actual tender to such employe at the time of payment of the wages
so earned by him, or a breach of contract by such employe, or a denial
of the employment. No assignment of futurewages, payable weekly,
UD-'er the provisions of this act shall be valid if made to the corpora-
tion from whom such wages are to become due, or to any person on behaU

General Laws. 181

of such corporation, or if made or procured to be made to any person
for the purpose of relieving such corporation from the obligation to
pay weekly under the provisions of this act. Nor shall any of said
corporations require any agreement from any employe to accept wages
at other periods than as provided in section one of this act as a
condition of employments

Proceeding's to enforce act.

§ 3. Ihe provisions of section *two hundred and sis:ty-three, and
three hundred and eighty-four of the Code of Civil Procedure shall
apply to and govern any proceedings brought to enforce the provi-
sions of this act, and it is hereby made the duty of the attorney-general
of this state to appear in behalf of such proceedings brought hereunder
by the factory inspectors of this state, their assistants or deputies.

§ 4 This act shall take effect on the first day of July, eighteen
hundred and ninety.

* So In the orielnaL

Acts Governing Railroads and their Employees
in Management of Road.

CHAP. 488, LAWS OF 1892.

AN ACT for the protection, preservation, and propagation
of birds, fish and wild animals in the state of New York
and the different counties thereof.
Transportation.

§ 46. Deer or venison killed in this state shall not be transported
to any point within the state from or through any of- the counties
thereof or possessed for that purpose, except as follows: One carcass
or a part thereof may be transported from the county where killed
when accompanied by the owner. The possession of deer or venison
by common carriers, unaccompanied by the owner, is a violation of
this section. This section does not apply to the head and feet or
skin of deer severed from the body.

Woodcock and grouse, when not to be transported.

§ 76. Woodcock, ruffed grouse, commonly known as partridge, or
any member of the grouse family, or quail killed in this state, shall
not be transported to any point within this state, from any of the
counties thereof, or possessed for that purpose, except that such
birds may be transported from the county where killed, when accom-
panied by the owner thereof. Possession of the birds named, by a
common carrier, unaccompanied by the owner, is a violation of this
section, unless it be proved by such common carrier that the birds
were killed out of the state.

CHAP. 283, LAWS OF 1885.

An Act to establish a forest commission, and to define its

powers and duties and for the preservation of forests.

Forest lands not to be leased or taken.

§ 8. The lands now or hereafter constituting the forest preserve
shall be forever kept as wild forest lands, and shall not be sold, nor

AOTS GOTEBNING EaILBOADS AND THEIR EmPLOTEES. 183

shall they be leased or taken by any person or corporation, public or
private, except that whenever any of the lands now constituting the
forest preserve, or which may hereafter become a part thereof, owned
by the state within any county specified in section seven of the act
hereby amended, shall consist of separate small parcels or tracts
wholly detached from the main portion of the forest preserve and
bounded on every side by lands not owned by the state, then it shall
be lawful, and the comptroller shall have power to sell and convey
such separate tracts or parcels, or the timber thereon, to such per-
son or persons, corporation or association as shall have offered the
highest price therefor; but no such tracts or parcels of land, or the
timber thereon, shall be sold by the comptroller except upon the
recommendation of the forest commission or a majority thereof,
together with the advice of the attorney-general in behalf of the
state. Such separate tracts or parcels of land may be exchanged by
the comptroller for lands that lie adjoining the main tracts of the
forest preserve upon the recommendation of the forest commission or
a majority thereof, together with the advice of the attorney- general
on behalf of the state; but the values of said lands bo exchanged
must be first appraised by three disinterested appraisers sworn to
faithfully and fairly appraise the value of said lands, and the differ-
ence, if any, between the values of such parcels so proposed to be
exchanged shall be paid by the party so exchanging with the state
into the state treasury, but the state shall not pay the amount of any
such difference. Two of said appraisers shall be nominated and
appointed by the county judge of the county in which said lands pro-
posed to be exchanged are situate, or in case such lands are situate
in two counties, then the county judge of each county shall nominate
and appoint each one appraiser. The two appraisers so appointed
shall select a third appraiser, and they shall report to the comptroller
the result of said appraisal before such lands shall be exchanged
as aforesaid. The said appraisers so appointed shall receive the
same compensation for their services as is provided for appraisers of
decedent's estates, to be paid by the party so proposing to exchange
lands with the state. It shall be the duty of the comptroller annually
to report to the legislature all sales or exchanges of lands made under
the provisions of this act, together with all bids and the amounts
received therefor, and in said report shall be included the reports of
appraisers of lands exchanged in accordance with the foregoing pro-
visions. The proceeds of all land so sold, or the receipts from all

184 Acts Goveening Eailboads and theib Employees.

exchanges so made, shall be invested by the comptroller, with the
approval of the forest commission, in the purchase of forest land
adjoining great blocks of the forest preserve now owned by the state.
(2%MS amended, Laws 1887, chap. 475.)

Railroad companies to burn all inflammable material.

§ 25. Every railroad company whose road passes through waste or
forest lands, or lands liable to be overrun by fires within this state,
shall, twice in each year cut and burn off or remove from its right of
way all grass, brush or other inflammable material, but under proper
care, and at times when the fires thus set are not liable to spread
beyond control.

Locomotives to be provided with arrangement for prevent-
ing escape of fire from engine.

§ 26. All locomotives which shall be run through forest lands shall
be provided, within one year from the date of this act, with approved
and sufficient arrangements for preventing the escape of fire from their
furnaces or ash-pan, and netting of steel or iron wire upon their smoke-
stack to check the escape of sparks of fire. It shall be the duty of
every engineer and fireman employed upon a locomotive to see that
the appliances for the prevention of the escape of fire are in use and
applied as far as it can be reasonably and possibly done.

Fire not to be deposited on track in the vicinity of wood-
lands; trainmen to report fences on fire; extinguishment.

§ 27. No railroad company shall permit its employes to deposit fire-
coals or ashes upon their track in the immediate vicinity of woodlands
or lands liable to be overrun by fires, and in all cases where any
engineers, conductors or trainmen discover that fences along the right
of way, on woodlands adjacent to the railroad, are burning, or in dan-
ger from fire, it shall be their duty to report the same at their next
stopping place, and the person in charge of such station shall take
prompt measure for extinguishing such fires.

Companies to provide men to extinguish fires.

§ 28. In seasons of drought, and especially during the first dry
time in the spring after the snows have gone and before vegetation
has revived, railroad companies shall employ a sufficient additional
number of trackmen for the prompt extinguishment of fires. And
where a forest fire is raging near the line of their road they shall

Acts Govebning Baileoads and their Emplotees. 185

concentrate such help and adopt such measures as shall most effect-
ually arrest their progress.

§ 29. Any railroad company violating the provisions or requirements
of this act shall be liable to a fine of $100 for each offense.

CHAP. 13.4, LAWS OF 1878.

AN ACT in relation to infections and contagious diseases

of animals.

(So much of section two of the said act as is applicable to railways. )

********

For such purpose the governor shall have power :

To order all or any animals coming into the state to be detained at
any place or places for the purpose of inspection and examination.

To prescribe regulations for the destruction of animals affected
with infectious or contagious disease, and for the proper disposition
of their hides and carcasses, and of all objects which might convey
infection or contagion, provided that no animal shall be destroyed
unless first examined by a medical or veterinary practitioner in the
employ of the governor as aforesaid.

To prescribe regulations for the disinfection of all premises, build-
ings, boats and railway cars, and of all objects from or by which infec-
tion or contagion may take place or be conveyed.

To alter and modify from time to time, as he may deem expedient,
the terms of all such proclamations, orders and regulations, and to
cancel or withdraw the same at any time. {As amended by ch. 286
Laws of 1888.)

CHAP. 329, LAWS OF 1886.

AN ACT to prevent the spread of contagious and infec-
tious diseases.
In what cases hermetically sealed casket is requisite.

Section 1. Whenever the body of any deceased person is to be
transported over the railroads of this state, or upon any passenger
steamboat plying upon the rivers of this state, the board of health to
which application is made for a transit permit for the transportation
of such body shall, if the physician's certificate, or the permit accom-
panying such body, state the cause of death to have been a contagious
or infectious disease, require that such body be inclosed in an hermeti-
cally sealed casket of metal or other indestructible material.
24

186 AoTs Governing Eailboads And their Employees.

CHAP. 300, LAWS OF 1837.
AN ACT relative to unclaimed trunks and baggage.
Description of same to be entered in a book.

Section 1. The proprietor or proprietors of the several lines of
stages, and the proprietors of the several canal boat lines, and the
proprietors of the several steamboats, and the several incorporated
railroad companies, and the keepers of the several inns and taverns
within this state, who shall have any unclaimed trunks, boxes or bag-
gage within his, their, or either of their custody, shall immediately
enter the time the same was left, with a proper description thereof, in
a book to be by them provided and kept for that purpose. In case
the name and residence of the owntr shall be ascertained, it shall be
the duty of such person who shall have any such property as above
specified, to immediately notify the owner thereof by mail.

Description of property to be made and puplished in state
paper.

§ 2. In case there shall not be any information obtained as to the
owner, it shall be the duty of the person having the possession
thereof, to make out a correct written description of all such property
as shall have been unclaimed for thirty days, stating the time the
same came into his possession, and foward said description to the
editor of the state paper, whose duty it shall be on the first Mondays
of July, October, January and April, in each year, to publish the same
in the state paper once a week for three weeks successively.

If not claimed for sixty days after said publication, to be
opened and examined and an inventory made ; wlien to
be sold at public auction, upon what notice ; disposition
of proceeds.

§ 3. In case the said property shall remain unclaimed for sixty days
after the said publication, it shall be the duty of the person or com-
pany having possession thereof, to apply to a magistrate of the town
or city in which said property is retained, in whose presence and
under whose direction said property shall be opened and examined,
and an inventory thereof taken by said magistrate; and if the name
and residence of the owner is ascertained by such examination it shall
be the duty of the magistrate forthwith to direct a notice thereof to
such owner, by mail; and if said property shall remain unclaimed for
three months after such examination, it shall be the further duty of

Acts Goyebning Eailkoads and theik Employees. 187

the person or company having possession thereof to apply to a magis-
trate as aforesaid, and if said magistrate shall deem such property of
sufficient value, he shall cause the same to be sold at public auction,
giving six days' previous notice of the time and place of such sale;
and from the proceeds of such sale he shall pay the charges and
expenses legally incurred i i respect to said property, or a ratable pro-
portion thereof to each claimant, if insufficient for the payment of the
whole amount; and the balance of the proceeds of such sale, if any,
the said magistrate shall immediately pay to the overseers of the poor
of said town or city, for the use of the poor thereof; and the said over-
seers shall make an entry of such amount, and the time of receiving
the same, upon their official records, and it shall be subject, at any
time within seven years thereafter, to be reclaimed by, and refunded
to, the owner of such property, his heirs or assigns, on satisfactory
proof of such ownership.

Expense ; to be a lien on property.

§ 4. The person making the entry of unclaimed property as above
specified, shall be entitled to twelve and a half cents for each trunk,
box, bale, package or bundle so entered, and shall have a lien on the
property so entered until payment shall be made ; and in case any
additional expense shall be incurred for printing, the lien shall con-
tinue until payment shall be made for such additional expense.

Penalty.

§ 5. In case any person shall neglect or refuse to comply with the
provisions of this act, he shall forfeit the sum of five dollars for each
and every trunk, box or bundle of baggage so neglected as above
specified, to the benefit of any person who shall sue for the same in
his own name, in an action of debt in any court having cognizance
thereof.

CHAP. 364, LAWS OF 1882.

AN ACT to regulate the interchange of freight and pas-
sengers between the Central Vermont railroad and the
Ogdensburgh and Lake Champlain railroad at Rouse's
Point.

Freight to be exchanged in same cars in which same is billed
for transportation.
Section 1. All freight billed or consigned from points in this State,

or from points on connecting railways to points reached by the

Central Vermont railroad, and lines leased and managed by said

188 Acts Govebning Eailboabs and theib Employees

Central Vermont railroad, and Ogdensburgh and Lake Champlain
railroad and their connections, shall be exchanged in the same cars
in which said freight is billed for transportation to its destination,
and no discrimination shall be made by either of the companies named
in this act, on account of said cars belonging to different corporations
or carrying through all rail or other freight. Provided said cars shall
be in the condition required under the rules and regulations usual
and in force among connecting railroads.

Cars offered by one company to another to be taken in the

usual manner.

§ 2. All passenger, sleeping, baggage or other cars offered by one

company to the other shall be taken in the same manner as is usual

in the interchange of through passenger cars by connecting railroads.

No additional charge to be made.

§ 3. No additional charge shall be made by reason of one company
taking from the other for transportation to destination any cars
freight or passengers under the provisions of this act.

Penalty for violation of this act.

§ 4. Either of the companies named in this act violating the pro-
visions of the same shall forfeit to the other as liquidated damages
for each case of refusal or neglect to comply with the terms of this
act the sum of $600.

CHAP. 401, LAWS OF 1887.

AN ACT in relation to milk cans.
*******
Rights of railroad superintendents in relation thereto.

§ 11. The owner or owners, dealer or dealers, shipper or shippers,
and the several superintendents of the various railroad companies and
. the branches and connections thereof, and steamboat lines operating
their lines, or any portion thereof in the state of New York or else-
where, shall have power to collect, gather and take into possession
from any person or persons within the state of New York, or wherever
found in said state, any such milk or cream can or cans, and shall
have power to appoint an agent therefor.

What shall constitute evidence of appointment of agent.

§ 12. The certificate of any superintendent of any of the railroad
companies or steamboat lines mentioned in this act, or other person

AOTB GOTEENING BaILBOADS AND THEIR EMPLOYEES 189

or persons authorized thereto, in this act, appointing an agent to collect
such can or cans duly acknowledged before a notary public, shall be
presumptive evidence of the authority of such agent.

Powers of such agent.

§ 13. Such agent shall have full power to collect, gather and take
into his possession from any person or persons, or wherever found,
any such milk or cream can or cans, and in case of resistance may
call to his aid the assistance of any constable or police officer, who
shall assist him to take possession of such can or cans.

CHAP. 401, LAWS OF 1892.

AN ACT to revise and consolidate the laws regulating the
sale of intoxicating liquors.

Employment of persons addicted to intoxication by common
carriers.

§ 39. Any person, association or corporation engaged in the busi-
ness of conveying passengers and property for hire who shall employ
in the conduct of such business any person who habitually indulges
in the intemperate use of int( xicating drinks, after notice that such
person has been intoxicated while in the active service of such per-
son, association or corporation as an engineer, fireman, conductor
switchtender, commander, pilot, mate, foreman or in other like
capacity, so that by his neglect of duty the safety and security of the
life, person or property so conveyed might be imperilled, shall be
guilty of a misdemeanor.

CHAP. 590, LAWS 1872.

AN ACT to regulates processions and parades in the cities

of the state of New York.
No procession or parade to interfere with free passage of
ears upon street railways.

Section 1. No procession or parade shall use any street upon the
surface of which is a railway track or tracks by marching upon the
said track or tracks, and a free passage of cars upon railway tracks
shall not be interfered with by the formation, halt, or march of any
such procession or parade, or of the persons composing it. Whenever
any procession shall find it necessary to march across a railway track,
the portion of said procession which is so marching is likely to stop

190 Acts Goveening Eailboads akd theib Employees

the passage of any car or cars upon said track, shall come to a halt in
order to permit said car to proceed.

Penalty.

§ 4 Every person willfully violating any provision of this act shall

be guilty of a misdemeanor, punishable with a fine not exceeding $20,

or imprisonment not exceeding ten days, or both at the discretion of

the court.

CHAP. 585, LAWS OF 1880.

AN ACT for the prevention of accidents to children.
No minor child to be allowed to ride on platform, steps, etc.
Section 1. No minor child within this state not being a passenger
shall be allowed upon the platform or steps of any railroad car drawn
by steam, or of any omnibus, street car or other vehicle drawn by
horses, and the parents or guardians of any child who shall permit
such child to ride or play upon the steps or platform of any such rail-
road car, omnibus, street car or other vehicle, shall be punished on
conviction by a fine of not less than $5 nor more than $10.

Duty of policemen and constables to arrest.

§ 2. It shall be the duty of all constables and policemen within
this state to arrest any child or children violating the provisions of
this act. And any such child or children shall likewise on conviction
be punishable by a fine not exceeding $5 for each oflfense.

CHAP. 292, LAWS OF 1882.

********
Oils that ignite below 300 degrees Fahrenheit not to be
burned in cars.
§ 2. No oil or burning fluid, whether composed wholly or in part of
coal oil and petroleum or their products, or other substance or mate-
rial, which will ignite at a temperature below three hundred degrees
by the Fahrenheit thermometer, shall be burned in any lamp, vessel, or
other stationary fixture of any kind, or carried as freight, in any pas-
senger or baggage car or passenger boat moved by steam power in
this state, or in any stage or street car drawn by horses. Exceptions
as regards the transportation of coal oil, petroleum and its products,
are hereby made when the same is securely packed in barrels or
metallic packages, and permission is hereby granted for its carriaga
in passenger boats moved by steam power when there are no other

Acts Gotebning Eailroads and theib Employees 191

public means of transportation. Any violation of this act shall be
deemed a misdemeanor and subject the offending party or parties to
a penalty not exceeding three hundred dollars, or imprisonment not
exceeding six months, at the discretion of the court.

********
§ 5. It shall be the duty of all district attorneys of the counties in
this state to represent and prosecute in behalf of the people, within
their respective counties, all cases of offenses arising under the pro-
visioQr of this act.

* * * *'* * * *

CHAP. 490, LAWS OF 1885.

AN ACT concerning tramps.
Penalty for entering building without consent.

§ 4. Any tramp who shall enter any building against the will of the
owner or occupant thereof, under such circumstances as shall not
amount to burglary, or willfully or maliciously injure the person or
property of another, which injury under existing law does not amount
to a felony, or shall be found carrying any firearms or other danger-
ous weapon, or burglar's tools, or shall threaten to do any injury to
any person or to the real or personal property of another, when such
offense is not now punishable by imprisonment in the state prison,
shall be deemed guilty of felony, and on conviction, shall be punished
by imprisonment in the state prison at hard labor for not more than

three years.

CHAP. 529, LAWS OF 1887.

AN ACT to regulate the hours of labor in the street sur-
face and elevated railroads chartered by the state, in
cities of 100,000 inhabitants and over.
Hours of labor on surface street and elevated railroads.

Section 1. Ten hours labor to be performed within twelve con-
secutive hours, with reasonable time for meals, shall constitute a day's
labor in the operation of all street surface and elevated railroads
owned or operated by corporations incorporated under the laws of
this state, whose main line of travel, or whose routes lie principally
within the corporate limits of cities of more than 100,000 inhabitants,
whatever motive power may be used in the operation of such railroads.

Violation of act a misdemeanor.

§ 2.. It shall be a misdemeanor for any officer or agent of any such
corporation to exact from any of its employes more than ten hours'

192 Acts Goveening Katlboads and theib Employees

labor, the same to be performed within twelve consecutive hours, with
not less than one-half hour for dinner, constituting a day; provided,
however, that in cases of accident or unavoidable delay, extra labor
may be permitted for extra compensation.

How applicable.

§ 3. This act shall not affect contracts now in force, nor apply to
existing corporations whose charters are not subject to alteration
modification or repeal.

Repeal.

§ 4 All acts inconsistent with this act are hereby repealed.

(This act Bopersedes chap, isi. Laws of 1886.) As to street roads, see, also, chap. «6,
Laws of 1880. As to elevated roads, see, also, chap, 888, Laws of 1881.

CHAP. 711, LAWS OF 1892.

AN ACT to provide for and limit the hours of service on

railroads.

Section 1. No person, persons or corporation operating a line of
railroad of thirty miles in length or over, in whole or in part, within
this state, shall permit or requird any conductor, engineer, fireman or
any trainman who has worked in any capacity for twenty-four hours,
to again go on duty or perform any kind of work until he has at least
eight hours rest.

§ 2. Ten hours labor performed within twelve consecutive hours
shall constitute a day's labor in the operation of all steam surface and
elevated railroads owned and operated within this state, provided that
this provision shall not afEect the mileage system now in operation, or
that may hereafter be placed in operation, or trips of regular
scheduled trains when completed within a less number of hours,
And it is further provided that the provisions of this act shall not
apply to extra hours of labor performed by any conductor, engineer,
fireman or trainman in case of unavoidable accident or delay caused
by such accident.

§ 3. For every hour in excess of ten hours labor that any cotitractor,
engineer, fireman or any trainman of any railroad company or cor-
poration, owned or operated within this state, who works under direc-
tion of a superior, or at the request of such company or corporation,
shall be required or permitted to work, he shall receive com-
parative compensation for said extra service in addition to his daily
compensation.

Acts Govebning Eailkoads and theie Employees 193

§ 4. Any railroad company or corporation, or any officer, agent or
employe of any such company or corporation, violating or permitting
the violation of any of the provisions of this act, shall be guilty of a
misdemeanor, and on conviction shall be punished by a fine of five
hundred dollars for each offense.

§ 5. This act shall take effect immediately.

CHAP. 38, LAWS OF 1889.
AN ACT to regulate the payment of fares upon railroads.
Extra fare may be exacted when no ticket is purchased ;
rebate ticket to be issued therefor.

Section 1. It shall be lawful for any company owning or operating
a steam railroad in this state to demand and collect an excess charge
of ten cents over the regular or estai)lished rate of fare from
any passenger who pays fare in the car in which he or she may have
taken passage, except where such passage is wholly within the limits
of any incorporated city in this state, provided, however, that it shall
he the duty of such company to give to any passenger paying such
excess a receipt or other evidence of such payment, and which shall
legibly state that it entitles the holder thereof to have such excess
charge refunded, upon the delivery of the same at any ticket office of
said company, upon the line of their railroad, and said company shall
refund the same upon demand; and provided further that this act
shall not apply to any passenger taking passage from a station or
stopping place when tickets can not be purchased during half an hour
previous to the schedule time for the departure of said train on which
such passenger takes passage.

CHAP. 360, LAWS OF 1891.

AN ACT to confer upon the board of railroad commis-
sioners of the state of New York authority to compel
the lighting and ventilation of all tunnels within this
state which are used by steam railroads.

Section 1. The board of railroad commissioners of the state of
New York are hereby authorized, empowered and given full and com-
plete authority to require and compel all tunnels used or to be used
by railroads operated by steam in this state to be properly ventilated,
in such manner and by such means and mechanical appliances as
said board of railroad commissioners, or a majority of the same, may

direct.

194 Acts Governing Eailuoads and theib Employees.

§ 2. The board of railroad commissioners of this state are also
hereby authorized, empowered and given full and complete authority
to require and compel all tunnels used, or to be used by railroads
operated by steam in this state, to be properly lighted by electricity
or otherwise, or by such means or in such manner as said board of
railroad commissioners, or a majority of the same, may direct.

§ 3. Whenever said board of railroad commissioners of this state, or
a majority thereof, shall cause to be personally served upon any railroad
corporation controlling any tunnel, or part of a tunnel, in this state
for the purpose of operating a railroad or moving, hauling or pro-
pelling cars therein by steam by delivering a copy personally to the
president, general manager or any director of said corporation of a
notice or order, signed by a majority of said board of railroad com-
missioners, stating and specifying the structures to be erected, the
manner, means, mechanical 'appliance and apparatus to be used in
lighting or ventilating any tuanel or tunnels used by said corporation
for the purpose of moving, hauling or propelling cars by steam
therein as aforesaid, said corporation shall, within thirty days from
and after the service of said notice or order as aforesaid, cause said
tunnel or tunnels so used by it as aforesaid to be lighted or ventilated,
or both, in the manner and by the means and use of the mechanical
apparatus and appliances specified and pointed out in said notice or
order.

§ 4. After the expiration of thirty days from the service of said
order or notice specified in the preceding section, as therein directed,
if said corporation shall not have f ally complied with the provisions
and requirements of said notice or order as aforesaid and as therein
directed and required, said board of railroad commissioners, or a
majority of said board, may apply to the supreme court of this state
for a writ of mandamus to compel said corporation or corporations bo
neglecting or refusing to obey and comply with the provisions of
said order or notice to comply with and obey the provisions and
requirements of said notice or order, and said court shall have full
power and authority to hear and determine said matter, and, after
giving the corporation or corporations proceeded against an opportu-
nity to be heard in its or their defense, to compel said corporation or
corporations so proceeded against te obey said order or notice, and
forthwith comply with and carry out the provisions and requirements
therein contained.

§ 5. Every corporation violating any of the provisions of this act
shall be guilty of a misdemeanor, and may be indicted there-
for, and may be compelled to appear and plead to an indictment

Acts Govebning Eailiioads ai«d theik Employees. 195

therefor in the person of its president, secretary, treasurer or any
director thereof, and a bench warrant may issue out of any competent
court to compel such attendance and pleading, and, upon conviction
thereof, punished by a fine of $1,000, and «n additional fine of $500 a
day for each and every day or part of a day after thirty days from the
due service of said notice or order that said corporation shall refuse
or neglect to obey and carry out the requirements and provisions of
the same, and duly sentenced to pay the same.

§ 6. It shall be the duty of the district attorney prosecuting any
corporation for a violation of any of th'e provisions of this act, that
shall be convicted thereof, and sentenced to pay a fine therefor, to cause
a judgment-roll to be made up, consisting of the indictment orders and
sentence of the court and a formal judgment, to be prepared by him,
which judgment shall be duly signed by the clerk of the county in
which said trial took place; said judgment-roll shall be filed by said
county elerk and said judgment shall be duly recorded in the book of
judgments in said county and duly entered and docketed by said county
clerk in said eounty the same as if said judgment had been obtained
in a civil action, and said judgment so duly entered and docketed
shall become and be a lien upon all of the real estate of said corpora-
tion against which the same is obtained, and the collection thereof may
be enforced by execution to be issued and signed by the district
attorney of the county where the trial of said indictment took place, in
the same .manner and to the same extent as executions are collected in
civil action.

§ 7. In cities in this state having a population of one million inhabi-
tants or over, where tunnels are or may hereafter be operated or
controlled by any railroad corporation such portions of any mechanical
or other devices or appliances as may be required under the provis-
ions of this act to be constructed on or above the surface of any streets,
avenues or other places under which such tunnels may be built, shall
be subject as to form, material and construction, to the approval of
the local authorities of such cities, except that in the city of New York
such approval shall be by a majority vote of the mayor, the comp-
troller, the commissioner of public works and the president of the
department of public parks of said city.

§ 8. This act shall take effect immediately.

196 Acts Governing Eailroads and theie Employees.

A.8 to tlie general subject of taxation of real estate, etc., see chapter 13, part 1,
of Revised Statutes. Also, chap, 411, Ltavrs of 1885.

CHAP. 110, LAWS OF 1858.

AN ACT to repeal parts of an act to amend chapter 13,
part 1 of the Revised Statutes, entitled of the assess-
ment and collection of taxes, and chapter 176 of the
Laws of 1851, passed April 15, 1857.
Repeal.

Section 1. Sections 1 and 6 of chapter 536 of the Laws of 1857, are
repealed, and that part of section 2 of the same chapter, which
raquires special notice to be given in case an assessment-roll includes
property belonging to a railroad corporation, is also repealed.

CHAP. 506, LAWS OF 1870.

AN ACT to facilitate the payment of taxes by railroad

companies.

Annual statement to be delivered by clerks of the several
boards of supervisors to county treasurer.
Section 1. It shall be the duty of the clerk of the board of supervi-
sors of the several counties of thip state (except New York and Kings
counties), within five days after the making out or issuing of t}ie
annual tax warrants by the board of supervisors of their respective
counties, to prepare and deliver to the county treasurer a statement
showing the title of all railroad corporations in such county, as
appears on the last assessment-roll of the towns or cities in such
county, the valuation of the property, real and personal, of such cor-
poration in each town or city, and the amount of tax assessed or levied
on such valuation in each town or city in their county.

Railroad companies may pay tax to county treasurer; fees
of treasurer.

§ 2. Any railroad company heretofore organized under the laws of
this state, or that may be hereafter organized, may, within thirty
days after the receipt of such statement by the county treasurer, pay
the amount of tax so assessed or levied on their property, with one
per cent fees on said tax, to the county treasurer, who is hereby
authorized and directed to receive such amounts and to give proper
receipt therefor.

Acts Governing Eailboads and theik Employees. 197

County treasurer to notify collector of non-payment of
tax ; duty of collector.

§ 3. In case any railroad company shall fail to pay such tax within
said thirty days, it shall be the duty of the county treasurer to notify
the collector of all towns or cities in their county in which said com-
pany is assessed, of such failure to pay said tax, and upon receipt of
such notice it shall be the dnty of such collector to collect said tax in
the manner now provided by law, together with five per cent fees;
but no town or city collector shall collect any tax levied or assessed
upon the property of any railroad company in said county, by the
supervisors of the county, until the receipt of such notice from the
county treasurer.

County treasurer to credit taxes ; collector to be credited
with fees ; surplus to be paid to supervisor.

§ 4. The several amounts of tax so received by the county treasurer
of and from railroad companies, shall be placed to the credit of the
town or city for or on account of which the same was levied or
assessed, and to the credit of the fund or funds to which the same is
now or shall be hereafter pledged or appropriated by law, and the one
per cent fees also paid shall be placed to the credit of the collector of
said city or town; and in case such amounts shall exceed the sum
due from said town or city, .the surplus shall, on demand, be paid to
the supervisor of said town or city, who shall receive, hold and dis-
burse the same as if received fr^ the collector of said town or city.

Railroad company may pay tax collector ; proviso.

§ 5. Nothing in this act shall be construed to prevent any railroad
company from paying their tax to the collector of towns or cities as
now provided by law; nor shall the provisions of this act be construed
to repeal or in any manner interfere with the provisions of chapter 907
of the Sessions Laws of 1869.

198 Acts Govebning Eailkojds and theib EicrLOTESs.

CHAP, 361, LAWS OF 1881.

AN ACT to amend chapter 542 of the Laws of 1880, entitled
" An act to provide for raising taxes for the use of the
state upon certain corporations, joint-stock companies
and associations."
Certain officers of company to make annual report to
comptroller on or before fifteenth of November; where
dividend not declared, stock to be estimated and
declared; certificate to be sent comptroller; appeals.
Section 1. Hereafter it shall be the duty of the president or treas-
urer of every associatioo, corporation or joint-stock company liable to
be taxed on its corporate franchise or business, as provided in section
3 of this act, to make report, in writing, to the comptroller annually,
on or before the fifteenth day of November, stating specifically the
amount of capital paid in, the date, amount and rate per centum of
each and every dividend declared by 'their respective corporations,
joint-stock companies or associations during the year ending vsfith the
first day of said month. In all cases where any such corporation,
joint-stock company or association shall fail to make or declare any
dividend upon either its common or preferred stock during the year
ending as aforesaid, or in case the dividend or dividends made or
declared upon either its common or preferred stock during the year
ending as aforesaid shall amount to less than six per centum upon
the par value of the said common or preferred stock, the treasurer
and secretary thereof, after being ^ly sworn or affirmed to do and
perform the same with fidelity, accoMing to the best of their knowl-
edge and belief, shall, between the first and fifteenth days of
November in each year, in which no dividend has been made or
declared as aforesaid, or in which the dividend or dividends made
or declared upon either its common or preferred stock amounted
to less than six per centum upon the par value of eaid com-
mon or preferred stock, estimate and appraise the capital
stock of such company upon which no dividend has been
made or declared, or upon the par value of which the dividend or
dividends made or declared amounted to less than six per centum, at
its actual value in cash — not less, however, than the average price
which said stock sold for during said year, and when the same shall
have been so truly estimated and appraised, they shall forthwith
forward to the comptroller a certificate thereof, accompanied by a
copy of their said oath or affirmation, by them signed, and attested

Acts GtVERNING EAtLROAbS AND THEIR EMPLOYEES. l99

by the magistrate or other person qualified to administer the same,
provided that if the comptroller is not satisfied with the valuation
so made and returned, he is hereby authorized and empowered to
make a valuation thereof, and to settle an account upon the valua-
tion so made by him for the taxes, penalties and interest due the
state thereon; and any association, corporation or joint-stock com-
pany dissatisfied with the account so settled may within ten days
appeal therefrom to a board consisting of the secretary of statcj
attorney-general and state treasurer, which board, on such appealj
shall affirm or correct the account so settled by the comptroller, and
the decision of said board shall be final; but such appeal shall not
stay proceedings unless the fall amount of the taxes, penalties and
interest as due on said account, as settled by the comptroller, be
deposited with the state treasurer.

Comptroller to add ten per cent in case of failure to make
report; proviso.

§ 2. If the said officers of any such corporation, joint-stock com-
pany or association shall neglect or refuse to furnish the comp-
troller, on or before the fifteenth day of November of each and every
year, with the report aforesaid, or the certificate of appraisement
and oath or affirmation, as the case may be, as required by the first
section of this act, or to pay the tax imposed on such corporation,
company or association within fifteen days after the first of
January, as provided in the fourth section of this act, it shall
be the duty of the comptroller of the state to add ten per centum
to the tax of said corporation, company or association for each
and every year for which such report or certificate of appraisement
and oath or affirmation were not so furnished, or for which such tax
shall not have been paid, which percentage shall be assessed and col-
lected with the said tax in the usual manner of assessing and collect-
ing such taxes; provided, that iif said officers of any such corporation,
joint-stock company or association shall intentionally fail to comply
with the provisions of the first or fourth section of this act for one
year, the comptroller shall report the fact to the governor, who, if
he shall be made satisfied that such failure was intentional, shall
thereupon direct the attorney-general to take proceedings in the
name of the people of this state, to declare the charter or privileges
of said corporation, joint-stock company or association forfeited and
at an end; and for such intentional failure duly found, the charter
and privileges of every such corporation, company or association shall
cease, end and be determined.

200 Acts Gtovebning Eaileoad8 and theib Emplotees.

Annual tax, how eomputed.

§ 3. Every corporation, joint-stock company, or association what-
ever, now or hereafter incorporated, organized, or formed Under, by
or pursuant to law in this state or in any other state or country, and
doing business in this state, except only savings banks and institutions
for savings, life insurance companies, banks, foreign insurance com-
panies, manufacturing or mining corporations, or companies wholly
engaged in carrying on manufacture, or mining ores within this state,
and agricultural and horticultural societies, associations or corpora-
tions, which exceptions, however, shall not include gas companies, trust
companies, electric or steam heating, lighting and power companies,
shall be liable to and shall pay a tax, as a tax upon its franchise or
business, into the state treasury annually, to be computed as follows:
If the dividend or dividends made or declared by such corporation, joint-
stock company or association, during any year ending with the first day
of November, amount to six or more than six per centum upon the par
value of its capital stock, then the tax to be at the rate of one-quarter
mill upon the capital stock for each one per centum of dividends so
made or declared; or if no dividend be made or declared, or if the
dividend or dividends made or declared do not amount to six per
centum upon the par value of said capital stock, then the tax to be at
the rate of one and one-half mills upon each dollar of the valuation of
the said capital stock, made in accordance with the provisions of the
first section of this act; and in case any such corporation, joint-stock
company or association shall have more than one kind of capital stock
as, for instance, common and preferred stock, and upon one of said
stocks as dividend or dividends, amounting to six or more than six per
centum upon the par value thereof, has been made or declared, and
upon the other no dividend has been made or declared, or the dividend or
dividends made or declared thereon amounting to less than six per
centum upon the par value thereof, then the tax shall be at the rate of
one-quarter mill for each one per centum of dividends made or declared
upon the capital stock upon the par value of which the dividend or
dividends made or declared amount to six or more than six per centum,
and in addition thereto, tax shall be charged at the rate of one and
one-half mills upon each dollar of a valuation, made also in accord-
ance with the provisions of this act, of the capital stock upon which no
dividend was made or declared, or upon the par value of which the
dividend or dividends made or declared did not amount to six per
centum. {Thus amended, Laws of 1890, chap. 522.)

Acts Governing Eailboads and theie Employees. '^^^
When payable.

§ 4. Ifc shall be the duty of the treasurer or other officer having
charge of any corporation, joint-stock company or aesociation, upon
which a tax is imposed by either of the preceding sections of this act,
to transmit the amount of said tax to the treasury of the state within
fifteen days after the first day of January in each and every year.

§ 5. Belates only to insurance companies.

Tax on railroad, steamboat and other companies; rate of
tax.

§ 6. In addition to the taxes above provided for, every corporation
formed for railroad, canal, steamboat, ferry, express, navigation or
transportation purposes, and every elevated railway company, and
every other corporation, joint-stock company or association now or
hereafter incorporated or organized by or under any law of this state,
or now or hereafter incorporated or organized by or under the laws of
any other state or country, and doiag business in this state, and
owning, operating or leasing to or from another corporation, joint-
stock company or association, any railroad, canal, steamboat, ferry,
express, navigation, pipe-line or transportation route or line or
elevated railway or other device for the transportation of freight or pas-
sengers, or in any way engaged in the business of transporting freights
or passengers, and every telegraph company or telephone company
incorporated under the laws of this or any other state, and doing
business in this state, and every express company or association,
palace car or sleeping car company or association, incorporated or
unincorporated, doing business in this- state, shall pay to the state
treasurer for the use of the state, as a tax upon its corporate fran-
chise or business in this state, a tax at the rate of five-tenths of one
per centum upon the gross earnings in this state of said corporation
or company or association, for tolls, transportation, telegraph, tele-
phone or express business transacted in this state.

"When payable; report of gross earnings; report for six
months ending June 30, 1881 ; ten per cent to be added
in case of neglect.

§ 7. The tax imposed under section 6 of this act shall, after the
1st day of August, 1881, be paid annually on the first day of August
of each year. It shall be the duty of the president, secretary or other
proper officer of the corporations, joint-stock companies or associa-
tions referred to in section 6 of this act to transmit to the comptrol-

202 Acts Governing EArLBOADS and theib Employ-eks.

ler, on the first day of August in each year, a statement under oath
or affirmation of the amount of the gross earnings of said associa-
tions, corporations or joint-stock companies derived from all sources
during the year ending wi£h the preceding thirtieth day of June>
together with the amount of tax imposed thereon, by section 6. And it
shall also be the duty of the president, secretary or other proper officer
of the corporations, joint-stock companies or associations referred
to in section 6 of this act to transmit to the comptroller on the
1st day of August, 1831, a statement, under oath or affirmation, of the
amount of the gross earnings of the said associations, corporations or
joint-stock companies derived from all sources during the six months
ending with the 30th day of June, 1881, together with the tax imposed
thereon by section 6 of this act. And if any such corporation, joint-
stock company or association shall neglect or refuse for a period of
thirty days after any tax imposed by sections 6 or 7 of this act
becomes due, to make returns or to pay the same, the amount thereof,
with the addition of ten per centum thereto, shall be collected for the
use of tho state as other taxes are recoverable by law from such
corporation, joint-stock company or association.

Exempt from taxation for state purposes; proviso.

§ 8. The corporations, joint-stock companies and associations men-
tioned in tbis act as taxable shall hereafter be exempt from assess-
ment and taxation for state purposes, except upon their real estate
and as herein provided; but they shall in all other respects be liable
to assessment and taxation as heretofore.

Tax, application of.

§ 9. The taxes imposed by this act, and the revenue derived there-
from, shall be applicable to the payment of the ordinary and current
expenses of the state, and if any corporation, joint-stock company,
person, partnership or association shall neglect or refuse to pay any
tax by this act required to be paid, the same may be sued for in the
name of the people of the state, and j-ecovered in any court of compe-
tent jurisdiction, in an action to be brought by the attorney-general
at the instance of the comptroller.

Saving section.

§ 10. All obligations, liabilities and taxes heretofore incurred or
imposed under said act, chapter 542 of Laws of 1880, are saved and
shall be enforced as if the said act had not been hereby amended.

Acts Governing Eaileoads and their Emplotees. 203

Amount of capital stock employed in this state to be basis
of tax; if dissatisfied, comptroller may fix amount.
§ 11. The amount of capital stock which shall be the basis for tax
under the provisions of section three of this act, in the case of every
corporation, joint-stock company and association liable to taxation
thereunder, shall be the amount of capital stock employed within this
state. In making to the comptroller the report in writing or certifi-
cate of estimate and appraisal of the capital stock of such corporation,
joint-stock company or association provided for by the first section of
this act, it shall be the duty of the president or treasurer thereof, as
the case may be to state specifically the amount of capital stock
employed within this state, of such corporation, joint-stock company
or association. Whenever the comptroller is dissatisfied with such
report or certificate of estimate and appraisal, as the case may be, of
any corporation, joint-stock company or association whose capital is
only partially employed within this state, he is authorized and
empowered to ascertain, fix and determine the amount of capital
employed within this state, and to settle an account for the tases
and penalties due the state thereon. {Added by chap. 501, Laws of 1885.)

In case of failure to make report, comptroller may
examine books and records, and make report.

§ 12. Whenever any corporation, j 3int-stock company or association
liable to make reports or certificates of estimate and appraisal to the
comptroller, under any of the provisions of this act, shall neglect or
refuse to make such report or reports within the time prescribed in
this act, or shall make such report or certificate as shall be unsatis-
factory to the comptroller, the comptroller is authorized to examine,
or cause to be examined, the books and records of any such corpora-
tion, joint-stock company or association, and to fix and determine the
amount of tax and penalty due in pursuance of the provisions of
this act, either from the said books and records, or from any other
data in his possession which shall be satisfactory to him, and to
settle and account for said tax and penalty, together with the expenses
of such examination, against said corporation, joint-stock company
or association. {Added by chap. 501, Laws of 1885.)

Comptroller may issue subpoenas and examine -witnesses;
penalty for failure to obey subpoena.
§ 13. Whenever the comptroller shall deem it necessary or import-
ant to examine any person as a witness upon any subject or matter
relating to the amount of capital stock of such corporation, or to use,

204 Acts Govbbning Eatlboads and their Employi',eb.

examine or inspect any book, account, voucher or document in pos-
session of any officer of such corporation, or other person, or under
his control, relating to such capital stock and tax, he shall have the
power to issue a subpoena in proper form, commanding such person
or officer to appear before him or some person designated as commis-
sioner by him by an appointment in ■writing, filed in the office of such
comptroller, at a time and at the place where the principal office of
such corporation is situated within this state in such subposna
specified, to be examined as a witness, and such subpoena may contain
a clause requiring such person or officer to produce on such examina-
tion all books, papers and documents in his possession or under his
control, relating to the capital stock of such corporation and the
amount thereof employed within this state. Such subpoena shall be
served upon the person named by showing him the original subpoena
and delivering to and leaving with him at the same time a copy
thereof. The comptroller or the commissioner so designated by him
as aforesaid may administer oaths to such persons as he may desire
to examine, so brought before him by subpoena or otherwise,
and examine them on oath in relation to any matter which may
in any wise be material in determining the amount of the tax to
be paid by any such corporation, joint-stock company or associa-
tion as aforesaid. Whenever any person duly subpoenaed to appear
and give evidence as aforesaid, or to produce any books and
papers as hereinbefore provided, shall neglect or refuse to appear
or to produce such books and papers according to the exigency
of such subpoena, or shall refuse to testify before said comp-
troller or the commissioner so designated by him, or to answer
aay proper and pertinent question, he shall be deemed in con-
tempt, and thereupon any justice of the supreme court of the
judicial district within which the principal office of such corporation
within this state is situated shall, upon the motion of the comptroller,
based upon affidavit showing the commission of the offense, either,
first, make an order requiring the accused to show cause before him,
at a time and place specified therein, why the accused should not be
punished for the alleged offense; or, second, issue a warrant of
attachment directed to the sheriff of a particular county, or generally
directed to the sheriff of any county where the man may be found,
commanding him to bring him before said justice either forthwith or
at a time and place therein specified to answer for the alleged offense.
On the return of said attachment and the production of the body of
the defendant therein the said justice shall have jurisdiction in the

Acts Goyerning Railroads and their Employees. 205

matter, and the person charged may purge himself of the contempt
in the same way, and the same proceedings shall be had, and the
same penalties may be imposed and the same punishments inflxted as
in the case of a witness subpoenaed to appear and give evidence as is
prescribed in title 3, chapter 17 of the Code of Civil Procedure, in
proceedings to punish a contempt of court other than a criminal con-
tempt. (Added by chap. 501, Laws of 1885.)

Comptroller to settle and adjust all accounts against cor-
porations, for taxes and penalties since May 12, 1882;
proviso as to payments made before August 1, 1885.

§ 14. The comptroller is hereby authorized and directed, upon
application to him made by any corporation, joint-stock company or
association, to make, settle and adjust all accounts against such cor-
poration, joint-stock company or association, for all taxes and
penalties arising under the third section of this act since the
12th day of May, A. D. 1882, by taking as a basis for taxation
the capital employed within the state by such corporation,
joint-stock company or association. Provided, however, that such
corporation, joint-stock company or association shall not be
entitled to the benefits of a settlement upon such basis unless it shall
have secured such adjustment and paid into the treasury the full
amount of the taxes so settled, before the 1st day of August, 1885,
nor shall this section apply to the case of any tax for which suit shall
have been heretofore brought by the attorney-general, in which suit
the trial has been commenced, or in which judgment shall have been
entered heretofore for the people for the amount of said tax. Any
corporation, joint-stock company or association whose capital has
heretofore been only partially employed within this state, and which
is now liable for taxes arising under the third section of this act since
the 12th day of May, A.D. 1882, and which are still due and unpaid,
may, at any time prior to the 1st day of August, 1885, pay to the state
treasurer, for the use of the state, in full discharge of the same, such
sum of money as shall be fixed by the comptroller as the tax due for
the said period by the said corporation, joint-stock company or asso-
ciation, upon the basis of the capital employed within the state.
Provided, that this section shall not apply to the case of any tax for
which suit may have heretofore been brought by the attorney-
general, and for which judgment shall have been entered therein, or
if in such suit trial has been commenced. {Added by chap. 501, Laws
of 1885.)

20d Acts Gotbbning Eailroads asd their Employees.

Interest.

§ 15. All accounts hereafter settled by the comptroller agreeably
to the provisiono of this act shall bear Interest from a date thirty
days after the sending of notice of settlement hereinafter provided
for, until full payment thereof shall be made. {Added by chap 501,
Laws of 1885.)

Comptroller to give notice before making settlement of
taxes.

§ 16. It shall be the duty of the comptroller after making with any
partnership, corporation, joint-stock company or association liable to
taxation under any of the provisions of this act, the settlement of
such taxes, to forthwith send notice hereof, in writing, to such person,
partnership, corporation, joint-stock company or association, which
notice may be sent by mail to the post-office address of such corpora-
tion, joint-stock company or association. (Added by chap, 501, Lavis
of 1885.)

Provisions in relation to revie-w of comptroller; deter-
mination by -writ of certiorari.

§ 17. No writ of certiorari to review the determination and settle-
ment of the comptroller as to the amount of capital used within the
state by any corporation, joint-stock company or association, and as
to the tax and penalty to be paid thereon, shall be granted, except
application therefor be made within thirty days after service upon
such corporation, joint-stock company or association by the comptroller
of notice of such settlement. Nor shall any such writ be granted
except the papers upon which motion therefor is to be made, includ-
ing notice of motion, shall have been served upon the comptroller at
least eight days before such motion, nor unless the corporation, joint-
stock company or association applying for such writ shall, before
making such motion, deposit with the state treasurer the full amount
of taxes, penalties and charges so settled and adjusted by the comp-
troller, and file with him an undertaking in such amount and with
sufficient sureties as'shall be approved by one of the justices of thp
supreme court of this state, to the effect that if said writ be vacated
and the determination of the comptroller sustained, the applicant for
the writ wUl make payment of all costs and charges which may accrue
against such applicant in the prosecution of such writ, including costs
on all appeals. (Added by chap. 501, Laws of 1885.)

Acts Gov£bni.so Eailkoads akd theie Employees. 207

Comptroller may issue warrant for collection after thirty
days.

§ 18. After the expiration of thirty days from Ihe service by the
comptroller of notice of settlement aforesaid, if no proceedings shall
have been taken to review the same, as provided by this act, or if the
deposit with the state treasurer of the amount of the said settlement,
together with the undertaking, as provided for by this act, shall not
then have been made, it shall be lawful for the comptroller to issue
his warrant or warrants under his hand and seal of office directed to
the sheriff of any county in this State, commanding him to levy upon
and sell the goods and chattels, lands and tenements of the said cor-
porations, joint-stock company or association found within said
county, for the payment of the amount of said settlement, together
with interest thereon and costs of executing said warrant, and to
return the said warrant to the comptroller, and pay to the state treas-
urer the money which shall be collected by virtue thereof, by a cer-
tain time therein specified, not less than sixty days from the date of
such warrant. Such warrant shall be a lien upon and shall bind the
personal estate of the person, partnership, corporation, joint-stock
company or association against whom it shall be issued, from the time
an actual levy shall be made by virtue thereof, and the sheriff to
whom such warrant shall be directed shall proceed upon the same in
all respects with the like effect and in the same manner as prescribed
by law in respect to executions issued against property upon judg-
ments rendered by a court of record, and shall be entitled to the
same fees and costs for his services in executing the same, to be col-
lected in the same manner. {Added by chap. 501, Laws of 1885.)

Beadjustment of accounts in cases of illegal payment of
taxes .
§ 19. The comptroller may at any time revise and readjust any
account theretofore settled against any person, association, corpo-
ration, or joint-stock company by himself or any preceding comp-
troller for taxes arising under this act or the act to which it is an
amendment, whenever it shall be made to appear by evidence sub-
mitted to him that the same has been illegally paid or so made as
to include taxes which could not have been lawfully demanded and
shall resettle the same according to law and the facts and charge or
credit, as the case may require, the difference, if any resulting from
such revision and resettlement upon the current accounts of such
person, association, corporation or joint-stock company. {Added by
chap. ^63, Law of 1889.)

208 Acis GovEKNiKG Railboads akd theib Emploiees.

Comptroller's action may be reviewed by certiorari;
appeals from determination.

§ 20. The action of the comptroller, upon any application made
to him by any person or corporation for a reyision and resettlement
of accounts as provided in this act, may be reviewed, both upon the
law and the facts upon certiorari by the supreme court at the instance
either of the party making such application or of the attorney-
general in the name and in behalf of the people of this state, and for
that purpose the comptroller shall return to such certiorari the
accounts and all the evidence submitted to him on such application,
and, if the original or resettled accounts shall be found erroneous or
illegal by this court, either in point of law or of fact, the said accounts
shall be there corrected and restated by the said supreme court and
from any such determination of the supreme court an appeal may be
taken by either party to the Court of Appeals as in other cases.
{Added by chap. 463, Laws of 1889.)

(The provisions of §§ 19 and 20 not to apply to any taxes heretofore
paid by any person or corporation in pursuance of a judgment or
order of a court or by virtue of a stipulation, being § 2 of ch. 463,
L. 1889.)

CHAP. 143 LAWS OF 1886.

AN ACT to tax stock corporations for the privilege of

organization.
State tax on capital stock.

Section 1. Every corporation, joint-stock company or association,
incorporated by or under any general or special law of this state
having capital stock divided into shares, shall pay to the state
treasurer for the use of the state, a tax of one-eighth of one per
centum upon the amount of capital stock which said corporation,
joiut-stock company or association is authorized to have, and a like
tax upon any subsequent increase thereof. The said tax shall be
due and payable upon the incorporation of said corporation, joint-
stock company or association, or upon the increase of the capital
thereof; and no such corporation, joint-stock company or association
shall have or exercise any corporate powers until the said tax shall
have been paid? And the secretary of state and any county clerk
shall not file any certificate of incorporation or articles of association,
or certify or give any certificate to any such corporation, joint-stock
company or association, until he is satisfied that the said tax has
been paid to the state treasurer. And no such company incorpo-
rated by any special act of the legislature shall go into operation, or

Acts Goyebning Eailroads and theib Employees. 209

exercise any corporate powers or privilegeB, until said tax has been
paid as aforesaid. But tbis act shall not apply to literary, scientific,
medical and religious corporations or corporations organized under
the banting laws of this state or under chapter one hundred and
twenty-two of the Laws of eighteen hundred and fifty-one, entitled
"An act for incorporation of building mutual, loan and accumulation
fund associations," and the acts amend rftory thereof. In case of the
consolidation of two corporations into a new corporation said new
corporation shall be required to pay the tax hereinbefore provided
for only upon the amount of its capital stock in excess of the aggre-
gate amount of capital stock of said two corporations. {As amended
by L. 1892, ch. 668.)

Applicable to general fund.

§ 2. The taxes imposed by this act and the revenue derived there-
from, shall be applicable to the general fund and for the payment of
those claims and demands which shall constitute a lawful charge
upon that fund.

CHAP. 266, LAWS OF 1886.
AN ACT to provide for the more certain recovery of state
taxes from delinquent associations, corporations and
joint-stock companies.

Recovery of delinquent taxes; provisions as to prosecu-
tion of suits for such taxes.
Section 1. For the better enforcement of chapter five hundred and
forty-two of the Laws of eighteen hundred and eighty and the acts
amendatory thereof, it shall be lawful for any person having knowl-
edge of the evasion of taxation under said acts by any association,
corporation or joint-stock company liable to taxation thereunder, to
report such fact to the comptroller, together with such information
as may be in his possession as may lead to the recovery of such taxes
from said association, corporation or joint-stock company, and when-
ever in the opinion of the attorney-general or comptroller the inter-
ests of the state require it, either of them is hereby authorized to
employ such person so reporting such evasion to assist in the collec-
tion and preparation of evidence and in the prosecution and trial of
suits for such taxes; and so much of the sum collected from such
delinquent association, corporation or joint-stock company, by reason
of such report or such service, as shall be agreed upon by such
person and the attorney- general or comptroller as a compensation
therefor, shall be paid to such person, provided that the sum so paid
shall not exceed ten per centum of the amount so collected; and pro-
vided further, that nothing whatever shall be paid to such person for
such purpose unless there shall.be a recovery of taxes from such
delinquent association, corporation e* joint-stock company by reason
of such report or such services;
27

210 AOTS GrOTEBNIMG EaILBOADS AMD THEIB EMPLOYEES.

CHAP. 675, liAWS OF 1881.

AN ACT to facilitate the payment of school taxes by rail-
road companies.
Duty of school collector to deliver to county treasurer
certain statement; duty of county treasurer in the
premises.
Section 1. It shall be the duty of the school collector in each school
district in this state, except ia the counties of New York, Kings and
Cattaraugus, within five days after the receipt by such collector of
any and every tax or assessment-roll of his district, to prepare and
deliver to the county treasurer of the county in which such district,
or the greater part thereof, is situated, a statement showing the name
of each railroad company appearing in said roll, the assessment against
each of said companies for real and personal property respectively,
and the tax against each of said companies. It shall thereupon be the
duty of such county treasurer, immediately after the receipt by him
of such statement from such school collector, to notify the ticket agent
of any such railroad company assessed for taxes at the station nearest
to the office of such county treasurer, personally or by mail, of the
fact that such statement has been filed with him by such collector, at
fhe same time specifying the amount of tax to be paid by such railroad
company. {Thus amended. Laws of 1885, chap. 533.)

Time in which tax may be paid with one per cent fees.

§ 2. Any railroad company hereafter organized, or which may here-
after be organized, under the laws of this state, may, within thirty
days after the receipt of such statement by such county treasurer, pay
the amount of tax so levied or assessed against it in such district and in
such statement mentioned and contained, with one per centum fees
thereon, to such county treasurer, who is hereby authorized and
directed to receive such amount and to give proper receipt therefor.

If tax not paid within thirty days, duty of collector
to collect; limitation.
§ 3. In case any railroad company shall fail to pay such tax within
said thirty days; it shall be the duty of such county treasurer to notify
the collector of the school district in which such delinquent railroad
company is assessed, of its failure to pay said tax, and upon receipt of
such notice it shall be the duty of such collector to collect such
unpaid tax in the manner now provided by law, together with five per

Acts Gotebnihg Eailboads and theib Employees. 211

centum fees thereon; but no school collector shall collect by distress
and sale any tax levied or assessed in his district upon the property of
any railroad company, until the receipt by him of such notice from
the county treasurer.

Tax to be placed to credit of school district, paid to
collector on demand, fees to go to collector on demand.
§ 4. The several amounts of tax received by any county treasurer
in this state under the provisions of this act, of and from railroad
companies shall be by such county treasurer placed to the credit of
the school district for or on account of which the same was levied
or assessed, and on demand paid over to the school collector thereof,
and the one per centum fees received therewith shall be placed to the
credit of, and on demand paid to, the school collector of such school
district.

Tax may be paid to collector direct.

§ 5. Nothing in this act contained shall be construed to hinder, pre-
vent or prohibit any railroad company from paying its school tax to
the school collector direct, as now provided by law.

CHAP. 694, LAWS OP 1867.

AN ACT in relation to the valaaUon of the property of rail-
road companies in school districts, for the purpose of
taxation.

Duty of tO"wn assessors.

Section 1. It shall be the duty of the town assessors, within fifteen
days after the completion of their annual assessment- list, to apportion
the valuation of the property of each and every railroad, telegraph,
telephone and pipe-line company as appears on such assessment-list,
among the several school districts in their town, in which any portion
of said property is situated, giving to each of said districts their
proper portion, according to the proportion that the value of said
property in each of such districts bears to the value of the whole
thereof in said town. {Thus amended by chap. 414, Laws of 1884.)

Apportionment.

§ 2. Such apportionment shall be in writing, and shall be signed by
said assessors, or a majority of them, and shall set forth the number
of each district and the amount of the valuation of the property of ^
each railroad, telegraph, telephone and pipa-line companies appor-

2l2 Acts Governing Railboads and theib EMPLOinEBs.

tioned to each of said districts; and such apportionment shall be filed
with the town clerk, by said assessors, or one of theni, within five
days after being made ; and the amount so apportioned to each dis-
trict shall be the valuation of the property of each of said companies,
on which all taxes against said companies in and for said dis-
tricts shall be levied and assessed, until the next annual assessment
and apportionment. {Thus amended by chap. 414, Laws of 1884.)

When assessors neglect to make apportionment.

§ 3. In case the assessors shall neglect to make such apportion-
ment, it shall be the duty of the supervisor of the town on the applica-
tion of the trustees or board of education of any district, or of any
railroad, telegraph, telephone and pipe-line company, to make such
apportionment, in the same manner and with the like effect as if
made by said assessors. {Thus amended by chap. 340, Laws of 1885.)

Town clerk to furnish, certified statement when requested.

§ 4. The town clerk shall, whenever requested, furnish to the
trustees or board of education of each district a certified statement
of the amounts apportioned to each district, and the name of the
company to which the same relates.

When alteration is made in school district.

§ 5. In case any alteration shall be made in any school district,
afEecting the property of any railroad, telegraph, telephone or pipe-
line company, the officer making such alteration shall, at the same
time determine what change in the valuation of the said property in
such district would be just, on account of the alteration of district,
and the valuation shall be accordingly changed. {Thus amended by
chap. 340, Laws 1885.)

BONDING OF TOWNS, AND RAILROAD AID DEBTS.

Several statutes of this state relative to the bonding of towns, etc.,
are omitted because by article VIII, section 11 of the Constitution of
the State of New York, adopted November 3, 1874, and November 4,
1884, they are practically abrogated, as to any future application, and
remain as applying only to the time prior to the adoption of said
constitutional amendment. These acts are as follows: Chap. 695, Laws
of 1866; chap. 907, Laws of 1869; chaps. 300, 438, 507, 597, Laws of
1870; chaps. 64, 146, 260, 283, 388, 925, Laws of 1871; chaps. 54, 62,
307, 516, 689, 824, 883, Laws of 1872; chap. 720, Laws of 1873; chap.
328, Laws of 1875; chap. 320, Laws of 1877; chap. 62, Laws of 1879;
chaps. 68, 293, Laws of 1882.

Article VIII, Sec. 11, Constitution of the State of New York.

No county, city, town or village shall hereafter give any money or
property, or loan its money or credit, to or in aid of any individual,
association or corporation, or become directly or indirectly the
owners of stock in or bonds of any association or corporation, nor shall
any such county, city, town or village be allowed to incur any indebt-
edness except for county, city, town or village purposes. This
section shall not prevent such county, city, town or village from
making such provision for the aid or support of its poor, as may
be authorized by law. No county containing a city of over one
hundred thousand inhabitants, or any such city, shall be allowed
to become indebted for any purpose or in any manner to an amount
which, including existing indebtedness, shall exceed ten per centum
of the assessed valuation of the real estate of such county or city
subject to taxation, as it appeared by the assessment-rolls of said
county or city on the last assessment for state or county taxes prior
to the incurring of such indebtedness; and all indebtedness in excess
of such limitation, except such as may now exist, shall be absolutely
void, except as herein otherwise provided. No such county or such
city whose present indebtedness exceeds ten per centum of the
assessed valuation of its real estate subject to taxation shall be
allowed to become indebted in any further amount until such indebt-
edness shall be reduced within such limit. This section shall not be

214 Bonding op Towns, and Eailboad Aid Debts.

construed to prevent the issuing of certificates of indebtedness or
revenue bonds issued in anticipation of the collection of taxes for
amounts actually contained, or to be contained in the taxes for the
year when such certificates or revenue bonds are issued and payable
out of such taxes. Nor shall this section be construed to prevent the
issue of bonds to provide for the supply of water, but the term of the
bonds issued to provide for the supply of water shall not exceed
twenty years, and a sinking fund shall be created on the issuing of
said bonds for their redemption, by raising annually a sum which will
produce an amount equal to the sum of the principal and interest of
said bonds at their maturity. The amount hereafter to be raised by
tax for county or city purposes, in any county containing a city of
over one hundred thousand inhabitants, or any such city of this state,
in addition to providing for the principal and interest of existing debt,
shall not in the aggregate exceed in any one year two per centum of
the assessed valuation of the real and personal estate of such county
or city, to be ascertained as prescribed in this section in respect to
county or city debt.

CHAP. 685, LAWS 1892,

[This act takes effect October 1, 1892.]
Municipal taxes of railroads payable to county treasurer.

§ 12. If a town, village or city has outstanding unpaid bonds
issued, or substituted for bonds issued, to aid in the con-
struction of a railroad therein, so much of all taxes as shall
be necessary to take up such bonds, except school district and
highway taxes, collected until May 18, 1899, on the assessed valuation
of such railroad in such municipal corporation, shall be paid over to .
the treasurer of the county in which the municipal corporation is
located. Such treasurer shall purchase with such moneys of any town
village or city, such bonds, when they can be purchased at or below
par, and shall immediately cancel them in the presence of the county
judge. K such bonds can not be purchased at or below par, such
treasurer shall invest such money in the bonds of the United States,
of the state of New York, or of any town or village or city of such
state, issued pursuant to law; and shall hold such bonds as a sinking
fund for the redemption and payment of such outstanding railroad
aid bonds. If a county treasurer shall unreasonably neglect to com-
ply with this section, any taxpayer of the town, village or cjty having
so issued its bonds may apply to the county judge of the county in

Bonding op Towns, and Eailboad Aid Debts. 2l5

which such municipal corporation is situated, for an order compelling
such clerk to execute the provisions of this section. The county
treasurer of any county in which one or more towns therein shall have
issued bonds for railroad purposes, shall, when directed by the board
of supervisors or county judge of the county, execute and file in the
office of the county clerk an undertaking, with not less than two sureties,
approved by such board or judge, to the effect that he will faithfully
perform his duties pursuant to this section. The annual report of a
county treasurer shall fully state, under the head of " railroad sinking
fund," the name and character of all such investments made by him
or his predecessors, and the condition of such fund.
K. 8., 948, 950, L. 1869, ch. 907, §§ 4, 12.

Abolition of office of railroad commissioners.

§ 13. The board of supervisors of any county may, upon the applica-
tion of the auditing board of any municipal corporation therein, by
resolution, abolish the office of railroad commissioners of such muni-
cipal corporation, and direct the manner of the transfer of their duties
to the supervisor of the town, or the treasurer of the municipal cor-
poration other than a town, and upon his compliance with such direc-
tions, such transferee shall be vested with all the powers conferred
upon such railroad commissioners and subject to all the duties imposed
upon them.
New.

Appointment of railroad commissioners.

§ 14. The county judge of any county within which is a muni-
cipal corporation having or being entitled to have railroad com-
missioners, when this chapter shall take effect, and in which the
duties imposed upon such commissioners are not fully performed,
shall continue to appoint and commission, upon the application o
twenty freeholders within such corporation, three persons, who shall
be freeholders and resident taxpayers therein, commissioners for the
purpose of performing the duties and completing the business required
of them pursuant to this chapter or any law. Such commissioners
shall hold their office for five years, and until others are appointed by
the county judge, unless their duties shall be sooner performed, or
the office shall be abolished, who shall also, in like manner, fill any
vacancies that may exist therein. Such commissioners shall each
receive the sum of three dollars per day for each day actually engaged

216 Bonding of Towns, and Eailboad Aid Debts.

in the discharge of their duties, and the necessary disbursements to
be audited and paid by the usual auditing and disbursing officers of
such municipal corporation. A majority of such commissioners, at a
meeting of which all have notice, shall constitute a quorum.
B. S., 947, L. 1869, ch. 907, § 3.

Oath and undertaking of commissioners.

§ 15. Before entering upon their duties such commissioners shall
take the constitutional oath of office, and make and file with the
county clerk of their county, their joint and several undertaking,
with two or more sureties to be approved by the county judge of
their county, to the effect that they will faithfully discharge their
duties as such commissioners, and truly keep, pay over and account
for all moneys belonging to such corporation coming into their hands.
E. 8., 953, L. 1873, ch. 720.

Exchang-e or sale of railroad stock and bonds.

§ 16. The commissioners or officers of a municipal corporation,
having the lawful charge and control of any railroad stock or bonds,
for or in payment of which the bonds of such municipal corporation,
have been lawfully issued in aid of such railroad corporation, may
exchange the stock or bonds of such railroad corporation for and in
payment of such bonds, or the new substituted bonds of such munici-
pal corporation, when such exchange can be made for not less than
the par value of the stocks or bonds so held by them. If they can not
make such exchange they may sell such stock or bonds at not less
than par; but they may, on the application and with the approval, of
the governing board of the municipal corporation, owning such stock
and bonds, exchange, sell, or dispose of such stock or bonds, at the
best price and upon the best terms obtainable, for the municipal cor-
poration they represent, and shall execute to the purchaser the neces-
sary transfers therefor. All moneys received for any stock or bonds
shall only be applied to the payment and extinguishment of the bonds
of the municipal corporation, lawfully issued in aid of any such rail-
road, or substituted therefor; except that if the bonds so issued or
substituted have all been paid, or the moneys so realized shall be
more than sufficient to pay them in full, and all the costs and expenses
of the sale, such proceeds or balance thereof shall be paid by the
officers making the sale, to the supervisor of the town, or the treasurer
of the municipal corporation, and applied to such lawful uses as the

Bonding of Towns, and Eailroad Aid Debts. 217

governiagt board of the municipal corporation, entitled to the same
maj direct.

E. S., 954. L. 1875, ch. 328.
Id., 955, L. 1875, ch. 421.
Id., 955, L. 1875, ch. 585.
Id., 958, L. 1880, eh. 21.
L. 1881, ch. 308.

Annual report of commissioners and payment of bonds.

§ 17. The commissioners cf a municipal corporation, having in
charge the moneys received and collected, and who are responsible
for the payment of the interest of the bonds lawfully issued by such
municipal corporation, in aid of railroads, shall annually report to
the governing board of the municipal corporation, the total amount
of the municipal indebtedness of the municipal corporation they rep-
resent, upon such bonds or such new bonds substituted therefor, the
date of the bonds and when payable, the rate of interest thereon, the
acts under which they were issued, the amount of principal and
interest that will become due thereon before the next annual tax-levy
and collection of taxes for the next succeeding year, and the amount
in their hands applicable to the payment of the principal or interest
thereon. Each year such governing board shall levy and collect of the
municipal corporation sufficient money to pay such principal and
interest, as the same shall become due and payable. When collected,
such moneys, with the unpaid sums on hand, shall be forthwith paid
over to such commissioners, and applied by them to the purposes for
which collected or held. When paid such bonds shall be presented
by such commissioners to the governing board of the municipal cor-
poration, at least five days before the annual town meeting, village or
city election, or meeting of the board of supervisors, next thereafter
held, who shall cancel the same, and make and file a record thereof
in the cleVk's office of the municipal corporation, whose bonds were
so paid or canceled.

E. 8., 956, L. 1877, ch. 349, §§ 1, 2.
Id., 960, L. 1881, ch. 522, § 4.

Accounts and loans of commissioners.

§ 18. Such commissioners shall present to the auditing board of the

municipal corporation they represent, at each annual meeting of such

board, a written statement, or report showing all their receipts ane

expenditures, with vouchers. They shall also loan on proper security

218 Bonding op Towns, and Eailboad Aid Debts.

or collaterals, or deposit in some solyent bank, or banking institutions,
at the best rate of interest they can obtain, or invest in the bonds of
the municipal corporation they represent, or in bonds of the state, or
of any town, village, city or county therein, issued pursuant to law,
or in the bonds of the United States, all moneys that shaU come into
their hands by virtue of their office, and not needed for current
liabilities; and all earnings, profits or interest accruing from such
loans, deposits or investments, shall be credited to the municipal
corporation they represent, and accounted for in their annual
settlement with the governing board thereof.

E. S., 952, L. 1871, ch. 537.

L. 1882, ch. 293.

Id., 956, L. 1877, ch. 349.

Reissue of lost or destroyed bonds.

§ 19. When any bond lawfully issued by a municipal corporation in
aid of any railroad, or in substitution for bonds so issued, shall be
lost or destroyed, such commissioners may issue new bonds in the
place of the ones so lost or destroyed, at the same rate of interest,
and to become payable at the same time, upon the owner furnishing
satisfactory proof, by affidavit, of such ownership, and loss or destruc-
tion, and a written indemnity, with at least two sureties, approved as
to form and sufficiency by the county judge of the county in which
such municipal corporation is situated. Every new bond so issued
shall state upon its face the number and denomination of the bond
for which it is issued, that it is issued in the place of such bond
claimed to have been lost or destroyed, that it is issued as a duplicate
thereof, and that but one is to be paid. Such affidavit and indemnity,
duly indorsed, shall be immediately filed in the county clerk's office.
R. S., 961, L. 1886, ch. 278.

THE CODE OF CEIMINAL PROCEDURE
OF THE STATE OF NEW YORK.

Sections Applicable to Railroad Companies.

Courts of special sessions, jurisdiction of.

Section 1. Section fifty-six of the Code of Criminal Procedure is
hereby amended bo as to read as follows:

§ 56. Subject to the power of removal provided for in this chapter,
courts of special sessions, except in the city and county of New York
and the city of Albany, have in the first instance exclusive jurisdiction
to hear and determine charges of misdemeanors committed within
their respective counties, as follows:

9. Intoxication of a person engaged in running any locomotive
engine upon any railroad, or while acting as a conductor of a car, or
train of cars, on any such railroad, or a misdemeanor committed by
any person on a railroad car or train. {Thus amended. Laws of 1890,
chap. 521.)

********

23. Unlawfully frequenting or attending a steamboat landing, rail-
road depot, church, banking institution, broker's office, place of public
amusement, auction room, store, auction sale at private residence,
passenger car, hotel, restaurant, or any other gathering of people.
{Thus amended, Laws 1886, chap. 28.)

Of crime committed in the state on board of any railway train, etc.

§ 137. When a crime is committed in this state, in or on board of
any railway engine, train or car, making a passage or trip on or over
any railway in this state, or in respect to any portion of the lading or
freightage of any such railway train or engine car, the jurisdiction is
in any county through which, or any part of which, the railway train
or car passes, or has passed, in the course of the same passage or
trip, or in any county where such passage or trip terminates, or would
terminate if completed.

220 Code op Cmminal Peooeduee. i

Plea of guilty, how pat in.

§ 335. A plea of guilty can only be put in by the defendant him-
Belf in open court, except upon an indictment against a corporation,
in which case it may be put in by counsel.

Summons upon an information or presentment against a corporation, by
whom issued, and when returnable.

§ 675. Upon an information against a corporation, the magistrate
must issue a summons, signed by him, with his name of office,
requiring the corporation to appear before him, at a specified time
and place, to answer the charge; the time to be not less than ten days
after the issuing of the summons.

(3B.S. 1046, S:e6, 67, 68.)

Form of the summons.

§ 676. The summons must be in substantially the following form:
"County of Albany, [or as the case may be. J

"In the name of the people of the State of New York:
" To the [naming the corporation. J

" Tou are hereby summoned to appear before me, at [naming the
place], on [specifying the day and hour], to answer a charge made
against you, upon the information of A. B., for [designating the
offense, generally].

"Dated at the ct<2/> [or 'town,'] of the day of ,18 .

" O. H., Justice of the Peace."

[Or as the case may be.]
When and how served.

§ 677. The summons must be served at least five days before the
day of appearance fixed therein, by delivering a copy thereof and
showing the original to the president, or other head of the corpora-
tion, or to the secretary, cashier or managing agent thereof.

Examination of the charge.

§ 678. At the time appointed in the summons, the magistrate must
proceed to investigate the charge, in the same manner as in the case
of a natural person brought before him, so far as those proceedings
are applicable.

Certificate of the magistrate, and return thereof with depositions.

§ 679. After hearing the proofs, the magistrate must certify upon
the depositions, either that there is or is not sufficient cause to believe
the corporation guilty of the offense charged, and must return the
depositions and certificate, in the manner prescribed in section 221.

Code of Criminal Pkooedube. 221

Grand jury may proceed as in case of a natural person.

§ 680. If the magistrate return a certificate that there is sufficient
cause to believe the corporation guilty of the offense charged, the
grand jury may proceed thereon as in the case of a natural person
held to answer.

§ 681. When an indictment is filed against any corporation, such
corporation must be arraigned thereon, and the court acquires juris-
diction over the corporation, in the manner following:

1. The clerk of the court wherein such indictment is found, or to
which it is sent or removed, or the district attorney of the county,
must issue a summons signed by him with his name of office, requiring
such corporation to appear and answer the indictment by a demurrer
or written plea to be verified in like manner as a pleading in a civil
action, at a time and place to be specified in such summons, such time
to be not less than five days after the issue thereof. The summons
may be substantially in the following form :

Court of oyer and terminer of the county of (state

the proper county or court as the case may be)
The people of the state of New York
vs.
A. B. company,
lou are hereby summoned to appear in this court and by demurrer
or plea in writing, duly verified, answer an indictment filed against
you by the grand jury of this county, on the day of

, charging you with the crime of (designating the offense
generally), at a term of the court ' of oyer and terminer (or as the
case may be), of this county, at (naming the place) on (stating the
day and hour) and in case of your failure to so appear and answer,
judgment will be pronounced against you.

Dated at the city (or town) of , the day of

18 C. D.,

District Attorney,
(or by order of the court, E. F., Clerk, as the case may be).

2. The summons must be served at least four days before the
appearance fixed therein, in the same manner as is provided for the
service of a summons upon a corporation in a civil action; and if the
corporation does not appear in the manner and at the time and place
specified in the summons, judgment must be pronounced against it.

3. Nothing contained in this section shall be construed as preventing
the appearance of a corporation by counsel to answer an indictment,
without the issuance or service of the summons as above provided.

222 Code op Cbdminal Pboceduke.

And when an indictment shall have been filed against a corporation it
may voluntarily appear and answer the same by counsel duly authorized
to so appear for it; in which case the court acquires fuU jurisdiction
over the corporation in the same manner as if the summons had been
issued and served. (As amended by L. 1892, ch. 219, to take effect Sep-
tember 1, 1892.)

Fine on conviction, how collected.

§ 682. When a fine is imposed upon a corporation upon conviction,
it may be collected in the same manner as a judgment in civil action,
and if an execution issued upon such judgment be returned unsatisfied,
the district attorney of the county may thereupon bring an action in
the name of the people of the state of New York, to procure a judg-
ment sequestrating the property of the corporation, as provided by
the code of civil procedure. {As amended by L. 1892, ch. 219, to take
effect September 1, 1892.)

THE PENAIi CODE OF THE Sl'ATE OF
NEW YORK.

Portions theeeof Applicable and Relating to Railroad

Corporations.

Punishment, how determined.

Section 13. Whenever in this code the punishment for a crime is left
undetermined between certain limits, the punishment to be inflicted
in a particular case must be determined by the court authorized to
pass sentence, within such limits as may be prescribed by this code.
In all cases where a corporation is convicted of an offense for the
commission of which a natural person would be punishable with
imprisonment, as for a felony, such corporation is punishable by a
fine of not more than five thousand dollars. {As amended by L. 1892,
ch. 218.)

Compelling employe to agree not to join any labor organization a mis-
demeanor.

§ 171a. Any person or persons, employer or employers of labor,
and any person or persons of any corporation or corporations on
behalf of such corporation or corporations, who shall hereafter coerce
or compel any person or persons, employe or employes, laborer or
mechanic, to enter into an agreement, either written or verbal from
such person, persons, employe, laborer or mechanic, not to join or
become a member of any labor organization, as a condition of such
person or persons securing employment, or continuing in the employ-
ment of any such person or persons, employer or employers, corpora-
tion or corporations, shall be deemed guilty of a misdemeanor. The
penalty for such misdemeanor shall be imprisonment in a penal insti-
tution for not more than six months, or by a fine of not more than two
hundred dollars, or by both such fine and imprisonment. {Gh. 688,
L. of 1887.)

Use offeree or violence declared not unlawful in certain cases, etc.

Subdivision 5, section 223.

5. When committed by a carrier of passengers, or the authorized
agents or servants of such carrier, or by any person assisting them.

224 Penal Codr

at their request, in expelling from a carriage, railway car, vessel or

other vehicle, a passenger who refuses to obey a lawful and reasonable

regulation prescribed for the conduct of passengers, if such vehicle

has first been stopped and the force or violence used is not more than

sufficient to expel the offending passenger, with a reasonable regard

to his personal safety,

********

Advising or inducing employes not to wear uniform a misdemeanor.

§ 425. A person who,

1. Advises or induces any one, being an officer, agent or employe
of a railway company, to leave the service of such company, because
it requires a uniform to be worn by such officer, agent or employee,
or to refuse to wear such uniform, or any part thereof; or,

2. Uses any inducement with a person employed by a railway com-
pany to go into the service or employment of any other railway
company, because a uniform is required to be worn; or,

3. Wears the uniform designated by a railway company without
authority;

Is guilty of a misdemeanor.

(2 B. S., 531, S 40; 2 B. S., 560, § 143: Laws of 1867, chap. 483, S 1.)
Arson in second degree.

§ 487. A person who,

* * * * * * *

4. Willfully burnB, or sets on fire, in the night-time, a car, vessel or
other vehicle, or a structure or building, ordinarily occupied at night

by a human being, although no person is within at the time.

*******

Arson in third degree. .

§ 488. A person who willfully burns, or sets on fire, either,

1. A vessel, car or other vehicle, or a building, structure or other
erection, which is at the time insured against loss or damage by fire,
with intent to prejudice the insurer thereof; or,

2. A vessel, car or other vehicle, or a building, structure or other
erection under circumstances not amounting to arson in the first or
second degree.

Burglary in third degree.

§ 498. A person who either,

1. With intent to commit a crime therein, breaks and enters a
building, or room, or any part of a building; or.

Penal Code. 225

2. Being in any building, commits a crime therein and breaks out
of the same;
Is guilty of burglary in the third degree.

(3E.8.,941, §§18, 19.)

Unlawfully entering building^.

§ 505. A person who, under circumstances or in a manner not
amounting to a burglary, enters a building, or any part thereof, with
intent to commit a felony or a larceny, or any malicious mischief, is
guilty of a misdemeanor.

"Building," defined.

§ 504. The term " building," as used in this chapter, includes a
railway car, vessel, booth, tent, shop or other erection or inclosure.

Riding on freight or wood train; getting on car or train while in motion ;
obstructing, etc., horse or street railroad cars; punishment.

§ 426. Biding on freight trains,

1. A person who rides on any engine or any freight or wood car of
any railway company, without authority or permission of the proper
officers of the company or of the person in charge of said car or
engine; or,

2. Who gets on any car or train while in motion for the purpose of
obtaining transportation thereon as a passenger; or,

3. Who willfully obstructs, hinders or delays the passage of any car
lawfully running upon any steam or horse or street railway;

Is guilty of a misdemeanor. {As amended by chap. 458, Lhws of 1890.)
(Laws of 1871, chap. 261 ; Laws of 1879, chap. 474 ; Laws of isso, ohap. 370. )

Penalty for attempting to forward any explosive by railroad without
revealing true nature thereof.

§ 389. A person who makes or keeps gunpowder, nitro-glycerine, or
any other explosive or combustible material, within a city or village,
or carries such materials through the streets thereof, in a quantity or
manner prohibited by law or by ordinance of the city or village is
guilty of a misdemeanor. And a person who, by the careless, negli-
gent or unauthorized use or management of gunpowder or other
explosive substance, injures, or occasions the injury of the person or
property of another, is punishable by imprisonment for not more than
two years. Any person or persons who shall knowingly present,
attempt to present, or cause to be presented or offered for shipment,
to any railroad, steamboat, steamship, express or other company
engaged as common carrier^ of passengers or freight, dynamite, nitro-
29

226 Penal Code.

glycerine, powder or other explosives dangerous to life or limb, with-
out revealing the true nature of said explosive, or substance so offered
or attempted to be offered to the company or carrier to which it shall
be presented shall be guilty of a felony, and upon conviction shall be
fined in any sum not exceeding one thousand dollars and not less than
three hundred dollars or imprisonment in a state prison for not less
than one nor more than five years or be subject to both such fine and
imprisonment. (As amended by chap. 689, Laws of 1887.)

Endangering life by maliciously placing explosives near building, car,
etc.

§ 645. A person who places in, upon, under, against or near to, any
building, car, vessel or structure, gunpowder or any other explosive
substance, with intent to destroy, throw down or injure the whole or
any part thereof, under such circumstances, that if the intent, were
accomplished, human life or safety would be endangered thereby,
although no damage is done, is guilty of a felony.

(See 8S 201, 389, 636.)

Emigrants; sales and exchanges of passenger tickets.
§ 626. A person who,

1. Sells, or causes to be sold, a passage ticket, or order for such
ticket, on any railway, vehicle or vessel, to any emigrant passenger at
a higher rate than one and a quarter cents per mile; or,

2. Takes payment for any such ticket or order for a ticket under a
false representation as to the class of the ticket, whether emigrant or
first-class; or,

3. Directly or indirectly, by means of false representations, pur-
chases or receives from an emigrant passenger any such ticket; or,

4. Procures or solicits any such passenger having such a ticket to
exchange the same for another passenger ticket, or to sell the same
and purchase some other passenger ticket; or,

5. Solicits or books any passenger arriving at the port of New York
from a foreign country before such passenger has left the vessel on
which he has arrived, or enters or goes on board any vessel arriving
at the port of New York from a foreign country, having emigrant
passengers on board, for the purpose of soliciting or booking such
passengers; and a person or agent of a corporation employing any
person for the purpose of booking such passengers before leaving
the ship;

Is guilty of a misdemeanor.

(I R. 8., 1087, SS 78, 79, n ; Laws of 1863, obap. 218, ;S 7, 8, 9 ; Laws of 1866, chap. 474, Si 1, 8, 4. ,

Penal Code. 227

"Company" defined.

§ 627. The term " company," as used in this chapter, includes all
corporations, whether created under the laws of this state or of the
United States, or those of any other state or nation.

(Laws of I860, chap. 103, S 13. )

Forging passage tickets.

§ 516. A person who, with intent to defraud, forges, counterfeits, or
falsely alters any ticket, cheque or other paper or writing, entitling or
purporting to entitle the holder or proprietor thereof to a passage
upon any railway or in any vessel or other public conveyance; and a
person who, with like intent, sells, exchanges or delivers, or keeps or
offers for sale, exchange or delivery, or receives upon any purchase,
exchange or delivery, any such ticket, knowing the same to have been
forged, counterfeited or falsely entered, is guilty of forgery in the
third degree.

(3 R. S., 954, f S 93, 94 ; LawB of 1860, p. 177, chap. 103.)

Injuries to railroad tracks, etc.

§ 635. A person who:

1. Displaces, removes, injures or destroys any rail, sleeper, switch,
bridge, viaduct, culvert, embankment, or structure, or any part
thereof attached, appertaining to or connected with any railway,
whether operated by steam, horses, or other motive power; or,

2. Places any obstruction upon the track of any such railway; or,

3. Willfully destroys or breaks any guard erected or maintained by
a railroad corporation as a warning signal for the protection of its
employes; or,

4. Willfully discharges a loaded firearm, or projects or throws a
stone or other missile at a railway train, or at a locomotive, car or
vehicle standing or moying upon a railway; or,

5. Willfully displaces, removes, cuts, injures or destroys any wire,
insulator, pole, dynamo, motor, locomotive, or any part thereof,
attached, appertaining to or connected with any railway operated by
electricity, or willf iiUy interferes with or interrupts any motive power
used in running such road, or willfully places any obstruction upon
the track of such railroad, or willfully discharges a loaded firearm, or
projects or throws a stone or any other missile at such railway train
or locomotive, car or vehicle, standing or moving upon such railway;

Is punishable as follows :

1. If thereby the safety of any person is endangered, by imprison^
went for UQt more than ten years.

228 Penal Code.

2. In every other case, by imprisonment for not more than three
years or by a fine of not more than two hundred and fifty dollars, or
both. {As amended by Laws 1892, ch. 692.)

Altering, etc., signal or light for railway engine or train.

§ 638. A person who, with intent to bring a vessel, railway engine
or railway train into danger, either,

1. Unlawfully or wrongfully shows, masks, extinguishes, alters, or
removes a light or other signal; or

2. Exhibits any false light or signal;

Is punishable by imprisonment for not more than ten years.

Frauds in subscriptions for stock of corporations.

§ 590. A person who signs the name of a fictitious person to any
subscription for, or agreement to take, stock in any corporation exist-
ing or proposed; and a person who signs to any subscription or agree-
ment the name of any person, knowing that such person does not
intend in good faith to comply with the terms thereof, or under any
understanding or agreement that the terms of such subscription or
agreement are not to be complied with or enforced, is guilty of a
misdemeanor.

Sale by authorized agents restricted.

§ 616. No person, except as allowed in section 622, shall ask, take
or receive any money or valuable thing as a consideration for any
passage or conveyance upon any vessel or railway train, or for the
procurement of any ticket or instrument, giving or purporting to give
a right, either absolutely or upon a condition or contingency, to a
passage or conveyance upon a vessel or railway train, or a berth or
state-room on a vessel, unless he is an authorized agent within the
provisions of the last section; nor shall any person, as such agent sell
or offer to sell any such ticket, instrument, berth or state-room, or
ask, take or receive any consideration for any such passage, convey-
ance, berth or state-room, excepting at the office designated in his
appointment, nor until he has been authorized to act as such agent
according to the provisions of the last section, nor for a sum exceed-
ing the price charged at the time of such sale by the company,
owners or consignees of the vessel or railway mentioned in the ticket.
But a person who shall have purchased a ticket in good faith for his
own passage, and shall have been prevented from using the same,
may sell the ticket at any price not greater than the regular rate
established therefor to another person in good faith for his own use.

(Laws of 1660, chap. 103, § 2 ; Iiaws o{ 1857, chap. 170, !i 1 ; Laws ol 1868, chap. 820 ; Laws
of 1876, chap. 201.)

Penax Code. 229

TTnauthorized persons forbidden to sell certificates, receipts, etc., for the
purpose of procuring tickets.

§ 617. No person other than an agent appointed, as provided in

section 615, shall sell, or ofEer to sell) or in any way attempt to dispose

of any order, certificate, receipt or other instrument, for the purpose,

or under the pretense, of procuring any ticket or instrument mentioned

in section 615, upon any company or line, vessel or railway train

therein mentioned. And every such order sold or offered for sale by

any such agent must be directed to the company, owners or conaigpees

at their ofiSce.

(Laws of 1860, chap. 103, S 3 ; Laws of 18S7, ohap. 470 ; Laws of 1868, chap. 820 ; Laws of
1876, chap. 201.)

Punishment for violation of the preceding sections.

§ 618. A person guilty of a violation of any of the provisions of the

preceding sections of this chapter is punishable by imprisonment in a

state prison not exceeding two years, or by imprisonment in a county

jail not less than six months.

(Laws of I860, ohap. 103, § 4 ; Laws of 1867, chap. 470, § l ; Laws of 1868, chap. 820 ; Laws
of 1876, chap. 201.)

Conspiring to sell passage tickets in violation of law.

§ 619. All persons who conspire together to sell, or attempt to sell,

to any person, any passage ticket, or other instrument mentioned in

sections 615 and 616, in violation of those sections, and all persons

who by means of any such conspiracy, obtain or attempt to obtain,

any money or other property, under the pretense of procuring or

securing any passage or right of passage in violation of this chapter,

are punishable by imprisonment in a state prison not exceeding five

years.

(Lawsof I860, chap. 103, S 6; Laws of 1857, ohap. 470; Lawsof 1868, ohap. 820; Laws of
1870, chap. 103, g 6; Laws of 1870, chap. 423.)

Conspirators may be indicted, notwithstanding object of conspiracy has
not been accomplished.

§ 620. Persons guilty of violating the last section may be indicted
and convicted for a conspiracy, though the object of such conspiracy
has not been executed.

(Laws of 1860, chap. 103, 8 6; Laws of 1870, ohap. 423, § 6; see I in.)

Offices kept for unlawful sale of passage tickets, declared disorderly

houses.

§ 621. All offices kept for the purpose of selling passage tickets in

violation of any of the provisions of this chapter, and all offices where

any such sale is made, are deemed disorderly houses; and all persona

230 Penal Code.

keeping any such office, and all persons associating together for the
purpose of violating any of the provisions of this chapter, are punish-
able by imprisonment in a county jail, for a period not exceeding six
months, and not less than three months.
(Laws of 18«o, chap. 103, S 7 ; Laws of 1870. chap. 123.)

Station masters, conductors, etc., allowed to sell tickets.

§ 623. The provisions of this chapter do not prevent the station
master or other ticket agent upon any railway, from selling in his
office at any station on such railway, any passage tickets upon such
railway; nor do they prevent any conductor upon a railway from
selling tickets upon the trains of such railway.

Iiiability of persons in charge of steam engines.

§ 199. An engineer or other person having charge of a steam boiler,
steam engine, or other apparatus for generating or applying steam
employed in a boat or railway, or in a manufactory, or in any
mechanical works, who willfully, or from ignorance or gross neglect,
creates, or allows to be created, such an undue quantity of steam as
to burst the boiler, engine or apparatus, or to cause any other acci-
dent, whereby the death of a human being is produced, is guilty of
manslaughter in the second degree.

(3 B. B., 93t, § 21 ; Id. 973, S 31 ; 2 B. S. (Edm.), 717, § 26 ; 1 Whart. Cr. Law, § 363 ; see also

S§ 362, 424, post.)

mismanagement of steam boilers.

§ 362. An engineer or other person having charge of a steam boiler,
steam engine or other apparatus for generating or employing steam
employed in a railway, manufactory, or other mechanical works, who,
willfully or from ignorance or gross neglect, creates or allows to be
created such an undue quantity of steam as to burst the boiler,
engine or apparatus, or cause any other accident whereby human life
is endangered, is guilty of a misdemeanor.

( 3 B, 8., 973. i 31 ; see i 199, ante.)

Unlawful offers to railroad commissioners or their employes.

§ 416. Any officer, agent or attorney of a railroad corporation who
offers a place, appointment, position or any other consideration to a
railroad commissioner, or to a secretary, clerk, agent, employe or
expert employed by the board of railroad commissioners, is guilty of
a misdemeanor. (.4s amended by L. 1892, ch. 692.)
E. S., 1844., L. 1882, ch, 353, § 14.

Penal Code. 231

Misconduct of railroad commissionerB and of their employes.

§ 417. Any railroad Gommissioner, or any secretary, clerk, agent,
expert or other person employed by the board of railroad commis-
sioners, who:

1. Directly or indirectly solicits or requests from or recommends to
any railroad corporation, or to any officer, attorney or agent thereof,
the appointment of any person to any place or position; or,

2. Accepts, receives or requests, either for himself or for any other
person, any pass, gift or gratuity from any railroad corporation; or,

3. Secretly reveals to any railroad corporation, or to any officer,
member or employe thereof, any information gained by him from any
other railroad corporation is guilty of a misdemeanor. {As amended
by L. 1892, ch. 692.)

E. 8., 1844, L. 1882, ch. 353. § 14.

Persons unable to read not to act or to be employed as engineers.

§ 418. Any person unable to read the time-tables of a railroad and
ordinary handwriting, who acts as an engineer or runs a locomotive
or train on any railroad in this state; or any person who in his own
behalf, or in behalf of any other person or corporation, knowingly
employs a person so unable to read to act as such engineer or to run
any such locomotive, is guilty of a misdemeanor. {As amended by L.
1892, ch. 692.)

Penal Code, §§ 418, 419 combined, without substantial change.

Misconduct of o£B.cials or employes on elevated railroads.

§ 419. Any conductor, brakeman, or other agent or employe of an
elevated railroad, who:

1. Starts any train or car of such railroad, or gives any signal or
order to any engineer or other person to start any such train or car,
before every passenger therein who manifests an intention to depart
therefrom by arising, or moving toward the exit thereof, has departed
therefrom ; or before every passenger on the platform or station at
which the train has stopped, who manifests a desire to enter the train,
has actually boarded or entered the same, unless due notice is given
by an authorized employe of such railroad that the train is full, and
that no more passengers can then be received; or,

2. Obstructs the lawful ingress or egress of a passenger to or from
any such car; or,

3. Opens a platform gate of any such car while the train is in
motion, or starts such train before such gate is firmly closed;

Is guilty of a misdemeanor. {As amended by L. 1892, ch. 692.)
E. 8., 1803, ch. 399, §§ 1. 2.

232 Penal Code.

Intoxication or other misconduct of railroad or steamboat employes.

1. Any person who, being employed upon any railway as engineer,
conductor, baggagemaster, brakeman, switch-tender, fireman, bridge-
tender, flagman, signal man, or having charge of stations, starting,
regulating or running trains upon a railroad, or, being employed as
captain, engineer or other officer of a vessel propelled by steam, is
intoxicated while engaged in the discharge of any such duties; or

2. An engineer, conductor, brakeman, switch-tender, or other officer,
agent or employe of any raikoad corppration, who willfully violates
or omits his duty as such officer, agent or employe, by which human
life or safety is endangered, the punishment of which is not otherwise
prescribed;

Is guilty of a misdemeanor. {As amended by L. 1892, ch. 692.)
Penal Code, §§ 420 and 424 combined, without substantial change.

Platforms and heating apparatus of passenger cars.

§ 423. A railroad corporation, or any officer or director thereof
having charge of its railroad, or any person managing a railroad in
this state, or any person or corporation running passenger cars upon
a railroad into or through this state, who:

1. Fails to have the platforms or ends of the passenger cars run
upon such railroad constructed in such manner as will prevent
passengers falling between the cars when in motion ; or,

2. Except temporarily, in case of accident or emergency, heats any
passenger car, while in motion, on any such railroad more than fifty
miles in length, except a narrow-gauge railroad which runs only
mixed trains, between October fifteenth and May first, by any stove or
furnace inside of or suspended from such car, except stoves of a pat-
tern and kind approved by the board of railroad commissioners for
cooking purposes in dining-room cars, and except within the
extended time allowed by the railroad commissioners in pursuance of
law for introducing other heating apparatus;

Is guilty of a misdemeanor. {As amended by L. 1892, ch. 692 )

Penal Code, § 423.

B. S., 1805, L. 1877, ch. 616, § 1.

L. 1888, ch. 189, § 1.

L. 1890, ch. 421.

Guard posts ; automatic couplers.

§ 424. All corporations and persons other than employes, operating
any steam railroad in this state,

1. Failing to cause guard posts to be placed in the prolongation of
the line of bridge trusses upon such railroad, so that in case of derail-

Penal Code. 233

ment, the posts and not the trusses shall receive the blow of the
derailed locomotive or car; or,

2. Failing after November Ist, 1892, to equip all of their own
engines and freight cars, run and used in freight or other trains on
such railroad, with automatic self-couplers, or running or operating
on such railroad any freight car belonging to any such person or
corporation, without having the same equipped, except in case of
accident or other emergency, with automatic self-couplers, and except
within the extended time allowed by the board of railroad commis-
sioners, in pursuance of law, for equipping such car with such
couplers ;

Is guilty of a misdemeanor, punishable by a fine of five hundred
dollars for each offense. {As amended by L. 1892, ch. 692.)

Officer of corporation selling, etc., forged or fraudulent scrip, etc.

§ 518; An officer, agent or other person employed by any company
or corporation existing under the laws of this state, or by any other
state or territory of the United States, or of any foreign government,
who willfully and with a design to defraud, sells, pledges or issues, or
causes to be sold, pledged or issued, or signs or procures to be signed
with intend to sell, pledge or issue, or to be sold, pledged or issued,
a false, forged or fraudulent paper, writing or instrument, being or
purporting to be a scrip, certificate or other evidence of the ownership
or transfer of any share or shares of the capital stock of such company
or corporation, or a bond or other evidence of debt of such company
or corporation, or a certificate or other evidence of the ownership or
of the transfer of such bond or other evidence of debt, is guilty of
forgery in the third degree, and upon conviction, in addition to the
punishment prescribed in thisi title for that offense, may also be
sentenced to pay a fine not exceeding $3,000.

(3 B. 8., 946, §§ 49, 50; § 591, post.)

Falsely indicating person as corporate officer.

§ 519. The false making or forging of an instrument or writing pur-
porting to have been issued by or in behalf of a corporation or associa-
tion, state or government, and bearing the pretended signature of
any person, therein falsely indicated as an agent or officer of such
corporation, is forgery in the same degree as if that person were in
truth such officer or agent of the corporation or association, state or
government.

(3 B. S., 946, § 48; 2 B. S. [Edm.], 695, § 47; Laws of 1885, chap. 155.)
30

234 Penal Code.

Terms "forge" and "forging."

§ *520. The expression " forge," " forged " and " forging," as used in
this chapter, includes false making, counterfeiting and the alteration,
erasure, or obliteration of a genuine instrument, in whole or in part,
the false making or counterfeiting of the signature of a party or wit-
ness, and the placing or connecting together with intent to defraud
different parts of several genuine instruments.
(3 E. S., 946, § 44.)

Frauds in the organization of corporations.
§ 590. A person who:

1. Without authority subscribes the name of another to or inserts
the name of another in any prospectus, circular or other advertise-
ment or announcement of any corporation or joint-stock association
existing or intended to be formed, with intent to permit the same to
be published, and thereby to lead persons to believe that the person
whose name is so subscribed is an officer, agent, member or promoter
of such corporation or association; or,

2. Signs the name of a fictitious person to any subscription for, or
agreement to take stock in any corporation, existing or proposed; or

3. Signs to any such subscription or agreement the name of any
person, knowing that such person does not intend in good faith to
comply with the terms thereof, or under any understanding or agree-
ment, that the terms of such subscription or agreement are not to be
complied with or enforced;

Is guilty of a misdemeanor. (As amended by L. 1892, ch. 692.)
Penal Code, §§ 590 and 593, without substantial change.

Fraudulent issue of stock, scrip, etc.

§ 591. An officer, agent or other person in the service of any joint-
stock company or corporation formed or existing under the laws of
this state, or of the United States or of any state or territory thereof,
or of any foreign government or country, who willfully and knowingly,
with intent to defraud, either:

1. Sells, pledges or issues, or causes to be sold, pledged or issued,
or signs or executes, or causes to be signed or executed with intent
to sell, pledges or issues, or causes to be sold, pledged or issued, any
certificate or instrument purporting to be a certificate or evidence of
the ownership of any share or shares of such company or corporation,
or any bond or evidence of debt, or writing purporting to be bond or
evidence of debt of such company or corporation, without being first
thereto duly authorized by such company or corporation, or contrary

Penal Code. 235

to the charter or laws under which such corporation or company
exists, or in excess of the power of such company or corporation or
of the limit imposed by law or otherwise upon its power to create
or issue stock or evidences of debt; or,

2. Eeissues, sells, pledges or disposes of, or causes to be reissued,
sold, pledged or disposed of, any surrendered or canceled certificates,
or other evidence of the transfer or ownership of any such share or
shares, is punishable by imprisonment for a term not exceeding seven
years, or by a fine not exceeding three thousand dollars, or by both
{As amended by L. 1892, ch. 662.)

Frauds in procurmg organization of corporation or increase of capital.
§ 592. An officer, agent or clerk of a corporation, or of persons pro-
posing to organize a corporation, or to increase the capital stock of
a corporatiop, who knowingly exhibits a false, forged or altered book,
paper, voucher, security or other instrument of evidence to any pub-
lic officer or board authorized by law to examine the organization of
such corporation, or to investigate its affairs, or to allow an increase
of its capital, with intent to deceive such officer or board in respect
thereto, is punishable by imprisonment in a state prison not exceed-
ing ten years. {As amended by L. 1892, ch. 662.)

Misconduct of directors of stock corporations.

§ 594. A director of a stock corporation, who concurs in any vote or
act of the directors of such corporation, or any of them, by which it is
intended,

1. To make a dividend, except from the surplus profits arising from
the business of the corporation, and in the cases and manner allowed
by law; or,

2. To divide, withdraw, or in any manner pay to the stockholders,
or any of them, any part of the capital stock of the corporation; or to
reduce such capital stock without the consent of the legislature; or,

3. To discount or receive any note or other evidence of debt in pay-
ment of an installment of capital stock actually called in, and required
to be paid, or with intent to provide the means of making such pay-
ment; or,

4. To receive or discount any note or other evidence of debt with
intent to enable any stockholder to withdraw any part of the money
paid in by him on his stock; or,

5. To apply any portion of the funds of such corporation, except
surplus profits, directly or indirectly, to the purchase of shares of its
own stock, or.

236 Penal Code.

6. To receive any such shares in payment or satisfaction 'of a debt
due to such corporations; or,

7. To receive in exchange for the shares, notes, bonds or other evi-
dences of debt of such corporation, shares of the capital stock, notes,
bonds or other evidences of debt issued by any other stock corporation,
engaged in another line of business, unless authorized by law to make
such exchange, is guilty of a misdemeanor. {As amended by L. 1892,
ch. 692.)

Frauds in keeping accounts, etc.

§ 602. A director, officer or agent of any corporation or joint-stock
association, who knowingly receives or possesses himself of any prop-
erty of such corporation or association, otherwise than in payment of
a just demand, and with intent to defraud, omits to make, or cause or
direct to be made, a full and true entry thereof, in the books or
accounts of such corporation or association; and a director, officer,
agent or member of any corporation or joint-stock association who,
with intent to defraud, destroys, alters, mutilates, or falsifies any of
the books, papers, writings or securities belonging to suoh corporation
or association, or makes or concurs in making any false entry, or omits
or concurs in omitting to make any material entry in any book of
accounts, or other record or document kept by such corporation or
association, is punishable by imprisonment in a state prison not
exceeding ten years, or by imprisonment in a county jail not exceeding
one year, or by a fine not exceeding five hundred dollars, or by both
such fine and imprisonment. (As amended by L. 1892, ch. 662.)

Misconduct of officers and directors of stock corporations.
§ 610. Any officer or director of a stock corporation who :

1. Issues, participates in issuing, or concurs in a vote to issue any
increase of its capital stock beyond the amount of the capital stock
thereof, duly authorized by or in pursuance of law; or,

2. Sells, or agrees to sell, or is directly or indirectly interested in
the sale of any share of stock of such corporation, or in any agree-
ment to sell the same, unless at the time of such sale or agreement he
is an actual owner of such share;

Is guilty of a misdemeanor, punishable by imprisonment for not less
than six months, or by a tine not exceeding five thousand dollars, or
by both. {As amended by L. 1892, ch. 692.)

B. S., 1740, L. 1850, ch. 140, § 9.

L. 1889, ch. 426.
Id., 1727, L. 1884, ch. 223.

Penal Code. 237

llisconduct of officers and employes of corporations.

§ 611. A director, officer, agent or employe of any corporation or
joint-stock association who:

1. Knowingly receives or possesses himself of any of its property
otherwise than in payment for a just demand, and with intent to
defraud, omits to make or to cause or to direct to be made a full and
true entry thereof in its books and accounts; or,

2. Concurs in omitting to make any material entry thereof; or,

3. Knowingly concurs in making or publishing any written report,
exhibit or statement of its affairs or pecuniary condition, containing
any material statement which is false; or,

4. Having the custody or control of its books, willfully refuses or
neglects to allow the same to be inspected and extracts to be taken
therefrom by any person entitled by law to inspect the same or to take
extracts therefrom; or,

5. If a notice of an application for an injunction afEecting the prop-
erty or business of such joint-stock association or corporation is
served upon him, omits to disclose the fact of such service and the
time and place of such application to the other directors, officers and
managers thereof; or,

6. Befuses or neglects to make any report or statement lawfully
required by a public officer;

Is guilty of a misdemeanor.' (^s amended by L. 1892, ch. 692.)

Penal Code, §§ 602-3 ; see, also, § 515.
R. S., 1486, L. 1847, ch. 210, § 43.
Id., 1960, L. 1848, ch. 40, § 25.
Id., 1995, L. 1853, ch. 117, § 25.
Id., 2003, L. 1874, ch. 143, § 14.
Id., 1983, L. 1875, ch. 611, § 17.
Id., 1842, L. 1882, ch. 353, § 7.
Id., 1543, L. 1882, ch. 409, § 128.

Uisconduct of officers and agents of pipe-line corporations.

§ 612. Any officer, agent or manager of a pipe-line corporation, who:

1. Neglects or refuses to transport any product delivered for trans-
portation, or to accept and allow a delivery thereof in the order of
application, according to the general rules of the corporation, as pro-
vided by law; or,

2. Charges, accepts or agrees to accept for such receipt, transpor-
tation and delivery, a sum different from the amount fixed by such
regulations; or,

3. Allows or pays, or agrees to allow or pay, or suffers to be allowed
or paid or repaid, any draw-back, rebate or allowance, so that any

238 Penal Code.

person shall, by any device, have or procure any transportation of
products over such pipe-line at a less rate or charge than is fixed in
such regulations;

Is guilty of a misdemeanor, punishable by a fine not exceeding one
thousand dollars, or by imprisonment not exceeding six months, or by
both, (^s ammdedby L. 1892, ch. 692.)
E. 8., 1873, L. 1878, ch. 203, § 33.

Ilisconduct at corporate elections.

§ 613. Any person who:

1. Votes or issues a proxy to vote at any meeting of the stock-
holders, or both, of a stock corporation, upon any stock or bond, if
the person in -whose behalf such vote is given shall not then have the
title to the stock represented by such certificate or to such bond, and
shall not have it in his possession and control, notwithstanding such
stock or bond shall then stand on the books of such corporation in
the name of the person in whose behalf such vote is given ; or,

2. Being entitled to vote at such meeting, sells his vote or issues a
proxy to vote to any person for any sum of money or thing of
value; or,

3. Acts as an inspector of election at any such meeting and violates
an oath taken by him, in pursuance of law as such inspector, or vio-
lates the provisions of an oath required" by law to be taken by him as
such inspector, or is guilty of any dishonest or corrupt conduct as
such inspector;

Is guilty of a misdemeanor. {As amended by L. 1892, ch. 692.)

B. S., 1983, L. 1875, ch. 611, § 28.
Id., 1793, L. 1880, ch. 510, § 2.

Presumption of knowledge of corporate condition and business and
assent thereto by directors; definitions.

§ 614. It is no defense to a prosecution for a violation of the pro-
visions of this chapter, thab the corporation is a foreign corporation, if
it carries on business or keeps an office therefor in this state.

The term " director " as used in this chapter includes any of the
persons having, by law, the direction or management of the affairs of
a corporation, by whatever name described.

A director of a corporation or joint-stock association is deemed to
have such a knowledge of the affairs of the corporation or associa-
tion as to enable him to determine whether any act, proceeding or
omission of its directors is a violation of this chapter. If present at
a meeting of the directors at which any apt, proceeding or omissioQ

Penal Code. 239

of such directors in violation of this chapter occurs, he must be
deemed to have concurred therein, unless he at the time causes or in
writing requires his dissent therefrom to be entered on the minutes
of the directors. If absent from such meeting, he must be deemed
to have concurred in any such violation, if the facts constituting such
violation appear on the record or minutes of the proceedings of the
board of directors, and he remains a director of the corporation for
six months thereafter vsrithout causing or in writing requiring his dis-
sent from such violation to be entered on such record or minutes.
(As amended by L. 1892, ch. 692.)

Penal Code, §§ 609, 610, 611, 613 and 614, consolidated.

Injury to other property, how punished.

§ 654. A person who unlawfully and willfully destroys or injures
any real or personal property of another, or who without authority or
permission from a person who has the right to give such authority or
permission, loosens any brake or blocking of any car standing on any
railroad track in this state, or without like authority or permission,
puts upon or runs any hand-car, or other car, on any railroad track in
this state, or without like authority or permission, interferes or med-
dles with any brake or coupling of any car while standing or moving
on any railroad track in this state, or takes any part therein, in a case
where the punishment is not specially prescribed by statute, is punish-
able as follows :

1. If the value of the property destroyed, or the diminution in the
value of the property by the injury is more than twenty-five dollars,
by imprisonment for not more than four years.

2. In any other case, by imprisonment for not more than six months^
or by a fine of not more than two hundred and fifty dollars, or by
both such fine an;d imprisonment.

3. And in addition to the punishment prescribed Iherefor, he is
liable in treble damages for the injury done, to be recovered in a civil
action by the owner of such property, or the public officer having
charge thereof. {As amended by L. 1892, ch. 186, to take efect September
1, 1892.)

Carrying animals in a cruel manner, a misdemeanor.

§ 659. A person who carries, or causes to be carried in or upon any
vessel br vehicle or otherwise, any animal in a cruel or inhuman man-
ner, or so as to produce torture, is guilty of a misdemeanor.

(3 B. S., 974, S 38 i Laws ol X880, chap. 209 : Laws of 1867, chap. 376, 8 5 ; 8 897, post)

240 Penal Code.

Transporting animals for more than twenty-four cosecutive hours an
misdemeanor.

§ 663. A railway corporatioD, or an owner, agent, consignee, or per-
son in charge of any horse, sheep, cattle, or swine, in the course of
or for transportation, who confines, or causes or suffers the same to be
confined, in cars for a longer period than twenty-four consecutive
hours, without unloading for rest, water and feeding, during ten con-
secutive hours, unless prevented by storm or inevitable accident, is
guilty of a misdemeanor. In estimating such confinement, the time
during which the animals have been confined without rest, on con-
necting roads from which they are received, must be computed. If
the owner, agent, consignee or other person in charge of any such
animals refuses or neglects upon demand to pay for the care or feed
of the animals while so unloaded or rested, the railway company, or
other carriers thereof, may charge the expense' thereof to the owner
or consignee and shall have a lien thereupon for such expense.

(3 B. S., 974, § 38 : Laws of 1866, chap, 660, § 1.)
Definitions.

§ 669. 1. The word " animal," as used in this title, does not include
the human race, but includes every other living creature ;

2. The word " torture " or " cruelty " includes every act, omission
or neglect whereby unjustifiable physical pain, suffering or death is
caused or permitted;

3. The words " impure and unwholesome milk " include all milk
obtained from animals in a diseased or unhealthy condition, or who
are fed on distillery waste, usually called " swill," or upon any sub-
stance in a state of putrefaction or fermentation.

(R. 8., 976, S 61; Laws o{ 1874, chap 13, S B ; Laws of 1862, chap. 467, S 4.)

Innkeepers and carriers refusing to receive guests and passengers.

§ 381. A person who, either on his own account or as agent or
officer of a corporation, carries on business as innkeeper, or as common
carrier or passengers, and refuses, without just cause or excuse, to
receive and entertain any guest, or to receive and carry any passengers,
is guilty of a misdemeanor.
(Sees 383, post.)

No exclusion because of race, color, etc.

§ 383. No citizen of this state can, by reason of race, color, or,
previous condition of servitude, be excluded from the equal eojoy-
ment of any accommodation, faculty or privilege furnished by inn-
keepers or common carriers, or by owners, managers of lessees of

Penal Code. 241

theaters or other places of amusement, by teachers and officers of
common schools and public institutions of learning, or by cemetery
associations. The violation of this section is a misdemeanor, punish-
able by a fine of not less than $50, nor more than $500.

(1 R 8., 377, S§ 22-24; see S 381, ante.)

Issuing: fictitious bills of lading, receipts and voucliers.
§ 629. A person who:

1. Being the master, owner or agent of any vessel, or officer or
agent of any railway, express or transportation company, or otherwise
being or representing any carrier, who delivers any bill of lading,
receipt or other voucher, by which it appears that merchandise of any
kind has been shipped on board a vessel, or delivered to a railway,
express or transportation company, or other carrier, unless the same
has been so shipped or delivered and is at the time actually under the
control of such carrier, or the master, owner or agent of such vessel,
or of some officer or agent of such company, to be forwarded as
expressed in such bill of lading, receipt or voucher; or,

2. Carrying on the business of a warehouseman, wharfinger or
other depository or property, who issues any receipt, bill of lading or
other voucher for merchandise of any kind which has not been actually
received upon the premises of such person, and is not under his actual
control at the time of issuing such instrument, whether such instru-
ment is issued to a person as beiog the owner of such merchandise,
or as security for any indebtedness;

Is guilty of a misdemeanor, punishable by imprisonment not
exceeding one year, or by a fine not exceeding one thousand dollars,
or by both. {As amended by L. 1892, ch. 692.)

Penal Code, IS 628 and 629, without substantial ohanse.
Erroneous bills of lading or receipts issued in good faith excepted.

§ 630. No person can be convicted of an offense under the last two
sections for the reason that the contents of any barrel, box, case, cask
or other vessel or package mentioned in the bill of lading, receipt or
other voucher did not correspond with the description given in such
instrument of the merchandise received, if such description corre-
sponds substantially with the marks, labels or brands upon the out-
side of such vessel or package, unless it appears that the defendant
knew that such marks, labels or brands were untrue.

Duplicate receipts must be marked "duplicate."

§ 631. A person mentioned in sections 628 and 629, who issues any
second or duplicate receipt or voucher of a kind specified in those
31

242 Penal Code.

sections at a time while a former receipt or voucher for the merchan-
dise specified in such second receipt is outstanding and uncanceled,
without writing across the face of the same the word " duplicate," in
a plain and legible manner, is punishable by imprisonment not
exceeding one year, or by a fine not exceeding $1,000, or by both.

Selling, hj^othecating or pledging property received for transportation
or storage.

§ 632. A person mentioned in sections 628 and 629, who sells or
pledges any merchandise for which a bill of lading, receipt or
voucher has been issued by him without the consent in writing
thereto of the person holding such bill, receipt or voucher, is punish-
able by imprisonment not exceeding one year, or by a fine not exceed-
ing $1,000, or by both.

(2 B. S. , 229, i 1, Laws of 1868. chap. 326 ; Laws of 1869, chap. 363 ; Laws of 1866, chap. 440. )

Property demanded by process of law.

§ 634. The last two sections (§§ 632 and 633) do not apply to any
case where property is demanded by virtue of legal process.

(2B.S.,229. S8.)

§ 675. Any person who shall by any offensive or disorderly act or
language, annoy or interfere with any person or persons in any place
or with the passengers of any public stage, railroad car, ferry boat,
or other public conveyance, or who shall disturb or offend the occu-
pants of such stage, oar, boat or conveyance, by any disorderly act,
language or display, although such act, conduct or display may not
amount to an assault or battery, shall be deemed guilty of a mis-
demeanor. A person who willfully and wrongfully commits any act
which seriously injures the person or property of another, or which
seriously disturbs or endangers the public peace or health, or which
openly outrages public decency, for which no other punishment is
expressly prescribed by this code, is guilty of a misdemeanor; but
nothing in this code contained shall be so construed as to prevent any
person from demanding an increase of wages, or from assembling and
using all lawful means to induce employers to pay such wages to all
persons employed by them, as shall be a just and fair compensation
for services tendered. [Thus amended, chap. 327, Laws 0^1891.)

RAPID TRANSIT ACT.

CHAP. 4, LAWS OF 1891.

AN ACT to provide for rapid transit railways in cities of
over one million inhabitants.

Commissioners of rapid transit ; appointments ; 'board constituted;
vacancies.
Section 1. In cities having over one million of inhabitants, according
to the last preceding national or state census, where rapid transit
commissioners shall have been appointed since the first day of Decem-
ber, eighteen hundred and ninety, under the provisions of chapter six
hundred and six of the laws of eighteen hundred and seventy-five, and
the amendments thereto, by the mayor of any such city, said commis-
sioners shall become commissioners of rapid transit under the pro-
visions of this act. If no such commissioners have been appointed
since the first day of December, eighteen hundred and ninety, and the
date of the passage of this act in any city in this state containing a
population of over one million inhabitants, according to the last pro-
ceding national or state census, then the mayor of such city may at
any time after the'passage of this act, appoint five persons who shall
be residents of such city, who shall be commissioners of rapid transit
under the provisions of this act. The commissioners thus appointed
are hereby constituted a board of rapid transit railroad commissioners,
in and for the city in which they are appointed. They shall have and
exercise the specific authority and powers hereinafter conferred, and
also such other and necessary powers as may be requisite to the effi-
cient performance of the duties imposed upon the said board by this
act. If a vacancy shall at any time occur in any such board of rapid
transit railroad commissioners, such vacancy shall be filled by the
mayor of the city in which said board exists, by the appointment of a
citizen of said city, who shall belong to the same political party as
did the commissioner whom such appointee succeeds.

Oath of commissioners.

§ 2. Within twenty days after the passage of this act, in the case of
commissioners who become such by its terms, and within twenty days
after their appointment in the case of commissioners appointed under
its provisions, each of the said commissioners shall take and suljscribe

244 Eapid Thansit Acr.

an oath faithfully to perform the duties of his office, which oath shall
be filed in the office of the clerk of the county within which said
board is appointed.

First meeting of board; by-laws and rules ; quorum ; record of
proceedings.

§ 3. Within thirty days after the passage of this act, in the case of
commissioners who become such by its terms, and within twenty days
after their appointment, in the case of commissioners appointed under
its provisions, the said commissioners shall meet and organize as a
board. The board when so organized, may frame and adopt by-laws
not inconsistent with this act, and establish suitable rules and regula-
tions for the proper exercise of the powers and duties hereby conferred
and imposed, and may from time to time amend the same. Four
members of the board shall constitute a quorum for the transaction of
business, but a less number may adjourn meetings. The said board
shall adopt a seal and keep a record of it proceedings, which shall be
a public record and be open to inspection at all reasonable times.

Board to determine necessity of railways and to fix routes; general plan
of construction ; location of routes ; proviso as to coments ; parka
and certain streets excepted; tunnels under parks and crossing
streets; elevated roads.

§ 4. The said board upon its own motion may proceed, from time
to time, to consider and determine whether it is for the interest of the
public and of the city in which it is appointed, that a rapid transit
railway or railways for the conveyance and transportation of persons
and property should be established therein, and upon the request in
writing of the local authorities of any such city at any time, the said
board shall proceed forthwith to consider and determine the same ques-
tions, and in each case the said board shall conduct 3uch an inquest
and investigation as may be deemed necessary in the premises. If,
after such consideration and inquest, the said board shall determine
that a rapid transit railway or railways, in addition to any already
existing, are necessary for the interest of the public and such city, it
shall proceed to determine and establish the route or routes thereof
and the general plan of construction. Such general plan shall show
thb general mode of operation and contain such details as to manner
of construction as may be necessary to show the extent to which any
street, avenue or other public place is to be encroached upon and the
Ijroperty abutting thereon affected, and the concurrent votes of at least
four members of the board shall be necessary for the purpose of deter-
mining and establishing such route or routes and plan of construction.

Bapid Transit Act. 2J5

The said board, from time to time, may locate the route or routes of
such railway or railways over, under, upon, through and across any
streets, avenues and lands within such city, including bloaks between
streets or avenues or, partly over, under, upon, through and across any
streets, avenues and lands within such city and partly through blocks
between streets or avenues; provided that the consent of the owners of
one-half in value of the property bounded on and the consent also of
the local authorities having control of that portion of a street or high-
way upon which it is proposed to construct or operate such railway or
railways be first obtained, or in case the consent of such property
owners can not be obtained, that the determination of three commis-
sioners appointed by the general term of the supreme court in the
district of the proposed construction, given after due hearing of all
parties interested, and confirmed by the court, that such railway or
railways ought to be constructed or operated, be taken in lieu of the
consent of such property owners; except that no public park nor any
lands or places, lawfully set apart for, or occupied by, any public
building of any city or county, or of the state of New York, or of the
United States, nor those portions of Grand, Classon, Franklin avenues
and Downing street in the city of Brooklyn, lying between the south-
erly line of Lexington avenue and northerly- line of Atlantic avenue,
nor that portion of Classon avenue in said city lying" between the
northerly line of Lexington avenue and southerly line of Park avenue,
nor that portion of Washington avenue in said city lying' between
Park and Atlantic avenues, nor DeBevoise place, Irving place and
Leffert's place, Lee avenue, Nostrand avenue, Waverly avenue, Vander-
bilt avenue and Clinton avenue in said city of Brooklyn, nor that por-
tion of the city of Buffalo lying between Michigan and Main streets,
nor any part of Fifth avenue in the city of New York, nor that portion
of any street or avenue which is now actually occupied by any elevated
railroad structure, shall be occupied by any corporation to be organ-
ized under the provisions of this act for the purpose of constructing a
railway in or upon any of such public parks, lands or places, or upon
or along either of the said excepted streets or avenues. It shall be
lawful for said commissioners to Ipcate the route of a railway or rail-
ways, by tunnel under any such public parks, lands or places and to
locate the route of any railway to be built, under this act, across any
of the streets and avenues now occupied by an elevated railroad
structure in the city of New York or across any of the streels or
avenues excepted in this act at any point at which, in itu discretion,
the board of rapid transit railroad commissioners may deem necessary
in the location of any route or routes. Nothing in this act shall

24(5 Eapid Tbansit Act.

authorize the construction of an elevated railway on Broadway south
of Thirty-third street, nor on Madison avenue in the city of New York
It shall not be lawful to grant, use or occupy, for the purposes of an
elevated railroad, except for the purpose of crossing the same, any
portion of the following named streets and places in the city of New
York, that is to say: Second avenue below Twenty- third street; Nassau
street; Printing House square, so called, south of Frankfort street;
Park row, south of Tryon row; Broad street and Wall street.

Transmission of plans, etc.; approval and consent of council; consent of
local authorities ; consents of property owners; value of property,
how determined ; proceedings if consent not obtained; notice of appli-
cation for commissioners ; appointment thereof, etc. ; determination
and report.

§ 5. After any determination by said board of any such route or
routes and of any general plan of construction of said railway or rail-
ways, the said board shall transmit to the common council of said city
a copy of said plans and conclusions as adopted. Jt shall be the duty
of such common council upon receiving such copy of plans and con-
clusions to appoint a day not less than one week nor more than ten
days after the receipt thereof for the consideration of such plans and
conclusions, and the said common council shall, on the day so fixed,
proceed with the consideration thereof and may continue and adjourn
such consideration, from time to time, until a final vote shall be taken
thereon as hereinafter provided. Within four weeks after the copy of
such plans and conclusions adopted by the board of rapid transit rail-
road commissioners shall have first been received by said common
council, a final vote shall be taken thereon, by ayes and nays, in the
form of a vote upon a resolution to approve such plans and conclu-
sions, and to consent to the construction of a railway or railways in
accordance therewith. Upon the adoption of such resolution* a
majority vote of all the members of the common council and the approval
of the mayor, and in the case of the refusal or failure of the mayor to
approve such resolution, then by a two-thirds vote of all of the members
of the common council, the said plans and conclusions shall be deemed
to have been finally consented to and adopted, and such consent shaU
be deemed to be the consent of the local authorities of such city; pro-
vided, that where in' any such city the exclusive control of any street,
road, highway or avenue which is to be used or occupied by any rail-
way or railways constructed under the provisions of this act, is bylaw

* So In the orlelnaL

Eapid Tbanbit Acr. 247

vested in any local authority other than the common council of such
eity, the approval of the aforesaid plans and conclusions and the con-
sent to the construction of a railway thereunder shall be given by
such local authority in place of and if required in addition to such
approval and consent by said common council and with like effect.
Upon obtaining the approval and consent of the local authorities, as
above provided, the said board of rapid transit railroad commissioners
shall take the necessary steps to obtain, if possible, the said consents
of the property owners along the line of said route or routes. For
purposes of this act the value of the property bounded on that portion
of any street or highway in, upon, over or under which it is proposed
to construct or operate such railway or railways, or any part thereof,
shall be ascertained and determined from the assessment-roll of the
city in which the said property is situated, confirmed or completed last
before the local authorities shall have given their consent as above
provided. If such consents of property owners can not be obtained,
the said board may, in its own name, make application to the general
term of the suprenje court in the judicial district in which such rail-
way is to be constructed for the appointment of three commissioners
to determine and report after due hearing whether such railway
ought to be constructed and operated. Two weeks' notice of such
application shall be given by daily publication thereof in six daily
newspapers published in the city where such proposed railway is to
be constructed, if there be so many newspapers published in said city,
and if not then in all the daily newspapers published in said city.
The newspapers in which said publication shall be made, shall be
designated by the general term of the supreme court to which such
application is to be made on the application of the commissioners
without notice. The said general term, upon due proof of the publi-
cation aforesaid, shall appoint three disinterested persons who shall
act as commissioners, and such commiasioners within ten days after
their appointment shall cause public notice to be given in the manner
directed by the said general term, of their first sitting and may adjourn
from time to time until all their business is completed. Vacancies in
such commission may be filled by said general term after such notice
to persons interested as the general term may deem proper, and the
evidence taken before as well as after such vacancy occurred shall be
deemed to be properly before such commissioners. The said commis-
sioners shall determine after public hearing of all parties interested
whether such railroad ought to be constructed and operated and shall
report the evidence taken to said general term, together with a report

248 Eapid Transit Act.

of their determination whether such road ought to be constructed and
operated, which report if in favor of the construction and operation of
such road shall, when confirmed by said court, be talien in lieu of the
consent of the property owners above mentioned. Such report shall
be made within sixty days after the appointment of said commissioners,
unless the said court or a judge thereof shall extend such time.

Detailed plans ; subways for pipes and wires ; work at points of subsur-
face structures ; expenses, how paid.

§ 6. When the consents of the local authorities and the property
owners, or in lieu thereof, the authorization of the said supreme court
upon the report of commissioners, shall have been obtained, the board
of rapid transit railroad commissioners shall at once proceed to prepare
detailed plans and specifications for the construction of such rapid
transit railway or railways, including all devices and appurtenances
deemed by it necessary to secure the greatest efficiency, public conven-
ience and safety, including plans and specifications for suitable support,
turnouts, switches, sidings, connections, landing places, buildings,
platforms, stairways, elevators, telegraph and signal devices and other
suitable appliances incidental and requisite to what the said board
may approve as the best and most efficient system of rapid transit in
view of the public needs and requirements, and the said board may in
its discretion include in said plans provisions for subways or tunnels
for sewer, gas or water pipes, electric wires and other conductors
proper to be placed under ground, whenever necessary so to do in
order to permit of the proper construction of any railway herein pro-
vided for in accordance with the plans and specifications of the said
board. Whenever the construction of any railway, depressed way, sub-
way or tunnel under the provisions of this act shall interfere with, dis-
turb or endanger any sewer, water pipe, gas pipe or other duly author-
ized subsurface structure, the work of construction at such points
shall be conducted in the city of New York, in accordance with the
reasonable requirements and under the supervision of the commis-
sioner of public works, and in other cities in accordance with the rea-
sonable requirements and under the supervision of the officer or local
authority having the care of and the jarisdiotion or control over such
subsurface structures so interfered with, disturbed or endangered.
All expenses incidental to such supervision and to the work of recon-
structing, readjusting and supporting any such sewer, water pipe, gas
pipe or other duly authorized subsurface structure shall be borne and
paid by the company constructing any such railway, depressed way,
subway or tunneL

Eapid Tbansit Act. 249

Public sale of franchise; notice thereof; terms and conditions; supervi-
sion of 'board and engineers; deposits by bidders; nullity of bids and
rights thereunder; time for beginning and finishing road; forfeiture
and resale of franchise ; terms as to organization of corporation, etc. ;
rejection and acceptance of bids ; terms on resales; adjournments;
term of franchise; proviso as to extension.

§ 7. The said board after having secured the necessary consents
and after having prepared such detailed plans and specifications aa
are by this act provided for, shall sell at public auction in the city
where said railway or railways are to be built and for the account
and benefit of said city the right," privilege and franchise to con-
struct, maintain and operate such railway or railways. Notice
of the time and place of such sale shall be published three times
a week for at least six successive weeks in at least three daily
newspapers published in said city. The board may prescribe all such
terms and conditions of sale as it may deem to be for the interest
of the public and of the city in which the railway or railways are
to be constructed. The advertisement of sale shall contain only so
much of the said terms, plans and specifications for the construction
as the board may think proper, but such advertisement must state at
what place the full terms, plans and specifications may be examined,
and they shall be subject to examination under such reasonable rules
and regulations as the board may prescribe. The terms of sale shall
provide for the construction of the railway or railways under the super-
vision of the board, and for the approval of an engineer or engineers
to be appointed from time to time by the board, and the corpora-
tion or corporations to be organized for the purpose of constructing
and operating such railway or railways as in this act provided shall
pay sucit engineer or engineers such salary as may, from time to time,
be fixed by the said board of rapid tranSit railroad commissioners.
Such engineer or engineers shall hold their office at the pleasure of
the said board. The terms of sale shall require the successful bidder
to deposit with the comptroller or chief fiscal officer of the city, in
cash or approved securities, such amount as the board may deem suffi-
cient to constitute a guarantee of full compliance with the terms of
sale by the purchaser and by the corporation to be formed for the pur-
pose of building and operating said railway as hereinafter provided.
Said bids and all rights which may have been acquired thereunder
shall become null and void and of no effect, at the option of said
board, should there be a failure to organize a corporation to exercise
such rights, privileges and franchises as required by said terms of sale
and this act, or for any violation of any of the requirements of said

2o'J Eapid Transit Act.

terms of sale which should be complied with before such corporation
is organizsd, and thereupon any deposit which may have been made
pursuant to such terms of sale shall be paid into the treasury of such
city upon a certificate being made and filed by said board with the
public officer with whom such deposit shall have been made, that said
bid and all rights which may have been acquired thereunder have
become null and void and of no effect; and said rights, privileges and
franchises shall be again sold by said board, subject to all the provi-
sions of this act regulating such sales. The terms of sale shall require
the construction of the road to b€f begun within a time to be specified
in said terms of sale, and to be finished within a certain time there-
after to be specified therein and may prescribe the time within which
portions of the same shall be begun and finished. The said terms of
sale may reserve to the board the power to extend the times for the
commencement and completion of the construction of said railway or
of portions of the same if in its discretion the said board deem such
extension to be for the best interests of the city. In case the corpora-
tion formed for the purpose of constructing said railway shall fail to
begin or finish the construction with the the* times for those purposes
respectively limited, all rights, privileges and franchises of such cor-
poration to maintain and operate said railway shall be forfeited, and
upon such forfeiture being adjudged by the court in a suit brought
for that purpose in the name of the people, or by said board of rapid
transit railroad commissioners, then the said board shall have power
to advertise and resell said rights, privileges and franchises and so
much of the road as shall have been constructed by such corporation;
such suit shall have preference over all other cases in all courts; and
the proceeds of such resale shall be appUed first to the payment of the
expenses of the resale, and then to the discharge of any liens which
may have been created upon such property, and the balance shall be
paid over to the said corporation. The terms of sale must provide for
the organization by the purchaser or purchasers of such rights, privi-
leges and franchises of a corporation to exercise the same, and to con-
struct, maintain and operate such rapid transit railway or railways,
with the powers and subject to the duties and liabilities granted or
imposed by this act. The said terms of sale must also specify the
amount of the capital of any such corporation, and number of shares
of capital stock which such corporation shall be authorized to issue,
the percentage to be paid in cash by the subscribers on subscribing for
such shares, the maximum amount of the bonded indebtedness which
such corporation be authorized to incur, and which may be secured

*So In the original.

Rapid Transit Act. 251

by mortgage upon its property and franchises, and the maximum rates
of fares and freight which such corporation may charge and collect
for the carriage of persons and property. The said board may, if it
considers that the public interest requires it to do so, reject all all* bids
and readvertise the said rights, privileges and franchises for sale, with
the same or different terms of sale, as often as it may deem necessary
in the interest of such city, and shall finally accept that bid, which
under all circumstances in its opinion is most advantageous to the
public and such city; and no bid shall be accepted without the con-
current vote of four members of the board. The terms of sale on
any such resale must contain all the provisions required by this act to
be inserted in the original terms of sale. Such sale may be adjourned
from time to time at the discretion of the board. All sales of such
rights, privileges and franchises shall be made for a definite term of
years, but the expiration of the term, if sold for a term of years, shall
not impair any mortgage or other lien upon the property of such cor-
poration or the rights of any creditor or creditors of such corporation;
provided, however, that nothing herein contained shall be so construed
as to extend the term for which such rights, privileges and franchises
are sold.

Resale of franchise after expiration of term ; purchasers; new corpora-
tion.
§ 8. Within one year, and not less than six months prior to the
expiration of any term for which such rights, privileges and franchises
shall have been sold, said board shall proceed to resell the right to
maintain and operate the said railway. Such sale shall be made in
the manner prescribed for the original sale, and the board is empowered
to make suitable provisions for securing to the corporation then
operating such railway or railways suitable compensation for the rail-
road structure and appurtenances, and for any other property, real
or personal, which the said corporation may own or of which it may
bo vested at the expiration of the term for which such rights, privi-
leges and franchises were sold. Any corporation theretofore organ-
ized under the provisions of this act may be a purchaser on such
resalo; but if no such corporation be the purchaser, a new corporation
shall be formed to maintain and operate said road in the manner pre-
scribed for the organization of a corporation on the original sale,
except that the plans and specifications according to which said
railway has been constructed need not be set out at large, but maybe
referred to as forming part of the articles of association of said new

corporation.

*So In the original.

262 Eapid Tbansit Act.

0£Bices and assistance for board.

§ 9. The said board, by the concurrent vote of four members
thereof, may reat such offices and employ such engineers, attorneys
and other persons, from time to time, as it may, in its discretion, deem
necessary to the proper performance by it of its duties as in this act
prescribed. All actions and special proceedings which may be
brought pursuant to any of the provisions of this act shall be entitled,
on the application of the board of rapid transit railroad commissioners
to a preference over any other business, except the actions and
proceedings enumerated in sections seven hundred and eighty-nine
and stven hundred and ninety of the code of civil procedure, at a
term or sitting of any court of this state, irrespective of its place
upon the calendar; and all actions and proceedings which may be
brought by or against any commission or corporation created by or
acting under a power or privilege granted under the provisions i f
this act shall have a like preference on the application of said com-
mision or corporation. {An amended by L. 1892, ch. 556.)

Appropriations for board; proceeding's upon failure to appropriate
amount ; liability of city ; audit and payment of expenditures ;
revenue bonds, issue of, etc. ; repayment of expenses ; compensation
of commissioners ; stated in terms of sale.

§ 10. The board of estimate and apportionment, or other board or
public body on which is imposed the duty and in which is vested the
power of making appropriations of public moneys for the purposes of
the cily government in any city in which it is proposed to construct
such railway or railways, shall, from lime to time, on requisition duly
made by the board of rapid transit railroad commissioners, appropriate
such sum or sums of money as may be requisite and necessary to
properly enable it to do and perform or cause to be d ne and per-
formed, the duties herein prescribed. And such appropriatioDS shall
be made forthwith upon presentation of a requisition from the board
of rapid transit railroad commissioners, which shall state the purposes
for which such moneys are required by the said board. In case the
said board of estimate and apportionment or such other board or
public body fail to appropriate such amount as the board of rapid
transit railroad commissioners deem requisite and necessary, the said
board of rapid transit railroad commissioners may apply to the general
term of the supreme court, in the department in which the railway is
to be or has been constructed, on notice to the board of estimate and
apportionment or such other board or public body aforesail, to
determine what amount shall be appropriated for the purposes
required by this section, and the decision of said general term shall
be final and concluBive. And no city shall be liable for any indebted-

Eapid Transit Act. 253

ness incurred by the said board of rapid transit railroad commis-
sioners in excess of such appropriation or appropriations. It shall be
the duty of the auditor and comptroller of any such city, after such
appropriations shall have been duly made, to audit and pay the proper
expenditures of said commissioners upon vouchers therefor, to be
furnished by the said commissioners, which payments shall be made
in like manner as payments are now made by the auditor, comptroller
or other public officers of claims against and demands upon such city;
and for the purpose of providing funds with which to pay the said
sums, the comptroller of said city is hereby authorized and directed
to issue and sell revenue bonds of such city in anticipation of receipt
of taxes, and out of the proceeds of such bonds to make the payments
in this section required to be made. And the amount necessary to pay
the principal and interest of such bonds shall be included in the
estimates of moneys necessary to be raised by taxation to carry on the
business of said city, and shall be made a part of the tax levy for the
year next following the year in which such appropriations are made
All expenses of the said board of rapid transit railroad commissioners
so incurred and paid by any city as in this section provided, and for
which any city shall be liable, shall be repaid with interest by the
bidder or bidders at the public sale of the rights, privileges and
franchises as in this act provided whose bid shall be accepted by the
board of rapid transit railroad commissioners, and the terms of such
sale shall specify the time when such payment shall be made, as wtU
as the amount thereof. The commissioners shall be paid a reasonable
compensation for the duties performed by them in relation to each
railway located by them under the provisions of this act. The amount
of such compensation shall be determined by the general term of the
supreme court in the department in which the railway is to be located
upon application by the board of rapid transit railroad commissioners,
after notice to the mayor of the city in which the railway is to be
built. The amount of such compensation shall be stated in the terms
of sale, and shall be paid by the purchaser.

Corporations, how organized; articles of association; approval and
filing thereof; subscriptions to stock; meeting of subscribers; pre-
ference in subscriptions, etc.
§ 11. A corporation or corporations to construct and operate such
rapid transit railway or railways, and to enjoy and exercise the rights,
privileges and franchises in this act provided for shall be created and
organized in the manner following: Articles of asbociatipn shall be
duly signed and acknowledged by not less than twenty-five persons,
and such articles shall set forth the name of the proposed corpora-
tion and duration thereof. Said articles must also state that they

254 Eapid Transit Act.

are made and filed under and in pursuance of this act for tlie purpose
of taking and- exercising the rights, privileges and franchises so
purchased as aforesaid, according to the terms of sale; and such
terms of sale and all plans and specifications must be
made a part of said articles, annexed thereto and filed there-
with. The said articles must also contain such other provisions
as the said board may deem requisite and necessary, not incon-
sistent with the terms of sale or with this act. The said articles
must be approved by said board, by the concurrent vote of four mem-
bers, and its approval must be indorsed thereon and attested
by the seal of the board and the signature of its presiding ofiicer,
and must then be filed in the office of the secretary of state, and a
duly certified copy, or a duplicate thereof, must be filed in the office
of the clerk of the county in which such railway or railways are to be
constructed. Immediately after the articles of association shall have
been so made, approved and filed, the board of rapid transit railroad
commissioners shall cause books of subscription to the capital stock
of any such corporation to be opened, and shall give public notice of
the opening of such books and of the time and place at which subscrip-
tions will be received; and when the full amount of such capital stock
shall have been subscribed by not less than fifty persons, and such
percentage of the amount subscribed as may have been fixed by the
board in the terms of sale shall have been paid in, in cash, to such bank
or trust company as the board may select, the said board shall call a
meeting of the subscribers for the purpose of organizing the corpora-
tion, serving upon or mailing to each subscriber a notice of such
meeting at least ten days before the time appointed for holding the
same; and the person or persons whose bid shall have been accepted
by the said board of rapid transit railroad commissioners shall, if they
elect to become subscribers to the capital stock of such corporation,
be entitled to a preference for themselves and their associates in sub-
scribing for, and in the allotment of the shares of capital stock of such
corporation.

Election of first directors ; by-laws to be adopted.

§ 12. At such meeting of subscribers thirteen directors of the cor-
poration shall be elected, each of whom shall be a holder in his own
right of at least one hundred sharesof the capital stock of the cor-
poration, and the board of rapid transit railroad commissioners shall
appoint the the* inspectors of the first election. Each share of stock
shall entitle the holder to one vote for each director. The directors
so selected shall hold office for one year and until others are elected

* So In the otlelnal.

Eapid Tbansit Act. 255

in their places. At such meeting by-laws must be adopted not incon-
sistent with this act, which by-laws shall, among other things, provide
for:

1. The term of office of the directors elected at any subsequent
meeting of stockholders, which term shall not exceed one year.

2. The manner of filling any vacancy which may occur in any office
or in the board of directors.

3. The time and place of the annual meeting of stockholders.

4 The manner of calling and holding special meetings of
stockholders.

5. The number of stockholders who will attend either in person or
by proxy, at any stockholders' meeting in order to constitute a quorum*

6. The officers of the corporation, the manner of their election by
the directors, and their duties and powers, and among which officers
there shall be included a president, a secretary and a treasurer.

7. The manner of electing or appointing inspectors of election.

8. The manner of amending the by-laws.

The by-laws may also provide for the forfeiture of shares for the
non-payment of calls alid for such other matters as may be deemed
proper by the board of rapid transit railroad commissioners and they
must be approved by a resolution of said board.

Becord of proceeding's ; certificate of organization ; record and certificate
to be filed ; payment of deposit to corporation ; repayment to pur-
chaser of franchise.
§ 13. Within ten days after the said subscribers' meeting a record
of the proceedings thereof, conlaining a copy of the subscription list,
a copy of the by-laws adopted, and the names of the directors chosen,
shall be prepared and duly certified by the person presiding over, and
person acting as secretary of said meeting. There shall be attached
thereto a certificate of the board of rapid transit railroad commis-
sioners, attested by its seal and the signature of its presiding officer,
that said board has approved the by-laws adopted at the subscribers'
meeting, and that said corporation has been organized in accordance
with the provisions of this act. The said record and certificate shall
be filed by said board in the office of the secretary of state, and a duly
certified copy or duplicate thereof shall be filed in the office of the
clerk of the county in which said railway or railways are to be built,
and thereupon and upon the payment to the state treasurer of a tax
of one-eighth of one per centum of the par value of the capital stock
of said corporation, such corporation shall be deemed to be fully
organized. A copy of said certificate, duly certified by the secretary
of state, or by the county clerk in whose office it is filed, shall be pre-
sumptive evidence of the due organization of such corporation in all

256 Eapid Transit Act.

courts and proceedings. Upon the production of the certified copy of
said certificate, and upon the order of such corporation, the bank or
trust company in which the percentage of subscriptions to the capital
stock shall have been deposited, shall pay over to any such corpora-
tion the amount of such deposit, and said corporation shall repay to
the purchaser or purchasers at the sale provided for in section seven
of this act, the expenses paid by him or them to the city pursuant to
the provisions of the terms of sale, with interest to the date of such
repayment.

IVIodiflcation of plans, etc. ; certificate thereof; filing of certificate and
modified plan.
§ 14. The said board of rapid transit railroad commissioners, if, in
their judgment, the public interest requires, may, at any time after
the full organization of any such corporation, by the concurrent vote
of four members, authorize such corporation to alter or add to the
detailed plans and specifications contained in its articles of association
provided the plans and specification as so modified do not change the
route or routes of said railway and be not inconsistent with the
general plan of construction, adopted under the provisions of section
four of this act, and provided also such modifications be first approved
by a vote of two-thirds of the directors of said corporation present
and voting at any special meeting duly called for the purpose, by
written notice stating the nature of the business to be transacted at
said meeting. When such authorization by the board of rapid transit
railroad commissioners shall have been given, a certificate shall be
prepared, and acknowledged by the president and a majority of the
directors of said corporation, stating the nature of the modification,
and that the same has been approved by the board of directois in the
manner above set forth, to which certificate there shall be attached a
copy of so much of the original plans and specifications as are to be
affected by the modification, and also the plans and specifications as
modified. There shall also be contained in such certificate a declara-
tion of the approval of said board of rapid transit railroad com-
missioners, attested in the same manner as the certificate of full
organization. The said certificate, plans and specifications shall then
be filed in the office of the secretary of state, and a certified copy or
duplicate thereof shall be filed in the office of the clerk in which the
articles of association are filed. And thereupon said corporation shall
be authorized to construct its railway or railways and appurtenances
in accordance with such modified plans and specifications.

Principal office and place of taxation.

§ 15. Every corporation organized under this act shall have its
principal office and be taxed on its property in the city where its

Eapid Transit Act. 257

railway or railways are situated. But no taxes of any kind or nature
shall be levied or imposed upon that portion of any railway con-
structed under this act which is in process of construction, and not in
actual operation for the transportation of passengers or freight, but
this exemption from taxation during construction shall not apply to
any portion or portions of said railway after the date on which said
portion or portions shall have been opened to the public for the trans-
portation of passengers or freight. {As amended by L. 1892, ch. 556.)

Board of directors; vacancies and qualifications; exhibition of booksi

§ 16. The affairs of said corporation shall be managed by a board of
thirteen directors, who shall be chosen annually, by a majority of the
votes of the stockholders voting at such election, in such manner as
may be prescribed in the by-laws of the corporation, and they may
and shall continue to be directors until others are elected in their
places. In the election of directors, each stockholder shall be entitled
to one vote for each share of stock held by him. Vacancies in the
board of directors shall be filled in such manner as shall be prescribed
by the by-laws of the corporation. No person shall be a director
unless he shall be a stockholder owning one hundred shares of stock
absolutely in his own right, and qualified to vote for directors at the
elefction at which he shall be chosen. At every election of directors
the books and papers of such corporation shall be exhibited to the
meeting, provided a majority of the stockholders present shall
require it.

Payment of subscription to stock.

§ 17. The directors shall require the subscribers to the capital stock
of the company to pay the amount by them respectively subscribed in
money at such times and in such installments as they may deem
proper, not inconsistent with the by-laws and articles of association.

Personal liability of stockholders; notice and commencement of action ;
recovery by stockholder.
§ 18. Each stockholder of any corporation formed under this act
shall be individually liable to the creditors of such corporation, to an
amount equal to the amount unpaid on the stock held by them, for all
the debts and liabilities of such corporation, until the whole amount
of the capital stock so held by him shall have been paid to the corpo-
ration; and all the stockholders of any such corporation, shall be
jointly and severally liable for the debts due or owing to any of its
laborers and servants, other than contractors, for personal services,
for thirty days' service performed for such corporation, but shall not
33

258 Eapid Tbansit Act.

be liable to an action therefor before an execution or executions shall
be returned unsatisfied in whole or in part against the corporation,
and the amount due on such execution or executions shall be the
amount recoverable, with costs, against such stockholders; before such
laborer or servant shall charge such stockholder for such thirty days'
service, he shall give him notice in writing within twenty days after
the performance of such service, that he intends so to hold him liable,
and he shall commence such action therefor within thirty days after
the return of such execution unsatisfied, as above mentioned; and
every such stockholder against whom any such recovery by such
laborer or servant shall have been had, shall have a right to recover
the same of the other stockholders in said corporation, in ratable pro-
portion to the amount of the stock they shall respectively hold.

Transfer of stock.

5^ 1.1. The stock of every corporation formed under this act shall be
deemed personal estate, and shall be transferable in the manner pre-
scribed by the by-laws of the company, but no share shall be trans-
ferable until all previous calls thereon shall have Ijeen fully paid in.

Increase or reduction of capital ; notice to stockholders ; statement to be
made and filed.
§ 20. Any corporation formed under this act may increase or reduce
its capital stock from time to time upon obtaining the approval of the
board of rapid transit railroad commissioners by a concurrent vote of
four members thereof. Such increase or reduction must be approved
by a vote in person, or by proxy, of two-thirds in amount of all the
stockholders of the corporation, at a meeting of such stockholders
called by the directors of the corporation for that purpose, by a notice
in writing to each stockholder, to be served on him in the manner
provided for service of the notice of the subscribers' meetings provided
for in section eleven of this act. Such notice shall state the time and
place of the meeting, and its object, and the amount to which it is
proposed to increase or reduce the capital stock. A statement of the
increase or reduction shall be signed by the president and a majority
of the directors and shall be filed in the office of the secretary of state
and of the clerk of the county in which the original articles of asso-
ciation are filed. There must be attached thereto a certificate of the
approval of said board of rapid transit railroad commissioners attested
iji the same manner as the certificate of full organization.

Liability of certain bolders of stock.

§ 21. No person holding stock in any such corporation, as executor,
administrator, guardian or trustee, and no person holding such stock
as collateral security, shall be personally subject to any liability as a

Eapid Tbansit Act. 259

stockholder of such corporation; but the person pledging such stock
shall be considered as holding the same, and shall be liable as a stock-
holder accordingly; and the estate and funds in the hands of such
executor, administrator, guardian or trustee shall be liable in like
manner, and to the same extent, as the testator or intestate or the
ward or person interested in such trust fund would have been if be
had been living and competent to act, and held the same stock in his
own name.

Liability of corporation to employe ; of contractors ; notice to be given ;
actions wben commenced.

§ 22. As often as any contractor for the constructioii of any part of
a railway, which is in progress of construction under the provisions of
this act, shall be indebted to any laborer for thirty or any less number
of days' labor performed in constructing said road, such laborer may
give notice of such indebtedness to said corporation in the manner
herein provided; and said corporation shall thereupon become liable
to pay such laborer the amount so due him for such labor, and an
action may be maintained against said corporation therefor. Such
notice shall be given by said laborer to said corporation within twenty
days after the performance of the number of days' labor for which
the claim is made. Such notice shall be in writing, and shall state
the amount and number of days' labor, and the time when the same
was performed and the name of the contractor from whom due, and
shall be signed by such laborer or his attorney, and shall be served on
an engineer, agent or superintendent employed by such corporation
having charge of the section of the road on which such labor was per-
formed personally, or by leaving the same at the office or usual place
of business of such engineer, agent or superintendent with some per-
son of suitable age. But no action shall be maintained against any
corporation under the provisions of this section, unless the same be
commenced within thirty days after notice is given to such company
by such laborer as above provided.

Real estate ; proceedings to acquire title.

§ 23. Every such corporation shall have the right to acquire and
hold such real estate or easement or other interest therein, or rights
appertaining thereto, as may be necessary to enable it to construct,
maintain and operate the said railway, or railways, and such as may be-
necessary for stations, depot, engine-house, car-houses, machine-shops
and other appurtenances specified in the articles of association; and
in ease any such corporation can not agree with the owner or owners
of such property it shall have the right to acquire title to the same in

260 Eapid Tbansit Act.

pursuance of the terms of and in the manner prescribed in title one of
chapter twenty-three of the Code of Civil Procedure, known as the
condemnation law.

Corporate powers ; voluntary grants ; purcliase of property; may cross
and unite with other roads; compensation; transportation of per-
sons and property ; entry upon streets, etc. ; construction and main-
tenance of road; excavations ; parks and streets, use or occupancy
of; right to borrow money and issue bonds.

§ 24. Every corporation formed under this act shall have power:

1. To take and hold such voluntary grants of real estate and other
property as shall be made to it, to aid in the construction, mainte-
nance and accommodation of its railway or railways, but the real estate
received by voluntary grant shall be held and used for the purposes
of such grant only.

2. To purchase, lease, hold and use all such real estate and other prop-
erty as may be necessary for the construction and maintenance of its
railways or railways and the stations and other accommodations neces-
sary to accomplish the objects of its incorporation; but nothing herein
contained shall be held as repealing or in any way affecting the act
entitled "An act authorizing the construction of railroads upon
Indian lands," passed May twelve, eighteen hundred and thirty-six.

3. to cross, intersect, join and unite its railway or railways with any
other railway at any point on its route, and upon the grounds of such
other railway cqpapany, with the necessary turnouts, sidings and
switches and other conveniences in furtherance of the objects of its
connections. And every corporation whose railway is or shall be
hereafter intersected by any new railway shall unite with the owners
of such new railway in forming such intersections and connections,
and grant the facilities aforesaid; and if the two corporations can not
agree upon the amount of compensation to be made therefor, the
same shall be ascertained and determined by commissioners to be
appointed by the court, in the manner provided in this act in respect
to acquiring title to real estate. And if the two corporations can not
agree upon the points and manner of such crossings and connections
the board of rapid transit commissioners shall determine the same on
the application of either corporation.

4. To take and convey persons and property on its railway or rail-
ways by the power or force of steam, or by any motor other than
animal power, and to receive compensation therefor not inconsistent
with the provisions of this act and the terms of sale under which
the said corporation shall have acquired its rights, privileges and
franchises.

Rapid Transit Aot. 261

5. To enter upon and underneath the several streets, avenues, public
places and lands designated by the said board of rapid transit rail-
road commissioners, and enter into and upon the soil of the same; to
construct, maintain, operate and use, in accordance with the plan
adopted by said board, a railway or railways upon the route or routes
and to the points decided upon, and to secure the necessary founda-
tions and erect the columns, piers and other structures which may be
required to secure safety and stability in the construction and main-
tenance of the railways constructed upon the plan adopted by the
said board and which may be necessary for operating the same;
Except that nothing in this act shall authorize the construction of a
railway crossing the track of any steam railway in actual operation at
the grade thereof, and it shall be lawful to make such excavations
and openings along the route through which such railway or rail-
ways shall be constructed as shall be necessary from time to time;
in all cases the surface of said streets around such foundations, piers
and columns shall be restored to the condition in which they were
before such excavations were made, as near as may be and under the
direction of the proper local authorities; and in all cases the use of
the streets, avenues, places and lands designated by the said board,
and the right of way through the same, for the purpose of a railway
or railways as herein authorized and provided, shall be considered,
and is hereby declared to be a public use, consistent with the uses
for which the roads, streets, avenues and public places are publicly
held; but no such corporation shall have the right to acquire the use
or occupancy of public parks or squares in such county, or the
use or occupancy of any of the streets or avenues, except such as may
have been designated for the route or routes of such railway, and
except such temporary privileges as the proper authorities may
grant to such corporation to facilitate such construction.

6. From time to time to borrow such sums of money as may be
necessary for completing and finishing or operating their railroad,
and to issue and dispose of their bonds for such purposes; but the
amount of such bonds outstanding at any one time shall not exceed
the amount limited by the articles of association. {As amended by
L. 1892, ch. 556.)

Employes to wear badges.

§ 25. Every conductor, baggage master, engineer, brakeman or
other servant of any railroad corporation employed in a passenger train,
or at stations for passengers, shall wear upon his hat or cap a badge,
which shall indicate his office, and the initial letter of the style of the
corporation by which he is employed. No conductor or collector

262 Eapid Transit Act.

without Buch badge, shall be entitled to demand or receive from any
passenger any fare or ticket, or to exercise any of the powers of his
ofSce; and no officer or servant without such badge shall have author-
ity to meddle or interfere with any passenger, his baggage or property.

Carrying of mails ; extra trains therefor.

§ 26. Any such corporation shall, when applied to by the post-
master-general, convey the mails of the United States on their road
or roads respectively; and in case the parties can not agree as to the
rate of transportation therefor, and as to the time, rate of speed,
manner and conditions of carrying the same, it shall be lawful for the
governor of this state to appoint three commissioners, who, or a major-
ity of them, after fifteen days' notice in writing of the time and
place of meeting to the corporation, shall determine and fix the prices,
terms and conditions aforesaid; but such price shall not be less for
carrying said mails in the regular passenger trains than the amount
which such corporation would receive as freight on a like weight of
merchandise transported in their merchandise trains, and a fair com-
pensation for the post-office car. And in case the postmaster-general
shall require the mail to be carried at other hours, or at a higher
speed than the passenger trains are run, the corporation shall furnish
an extra train for the mail, and be allowed an extra compensation for
the expenses and wear and tear thereof, and for the service to be fixed
as aforesaid.

I^'ection of passengers from cars.

§ 27. If any passenger shall refuse to pay his fare, it shall be law-
ful for the conductor of the train and the servants of the corporation
to put him and his baggage out of the cars, using no unnecessary
force, at any usual stopping place, on stopping the train.

Running of cars and conveyance of freight and pas-
sengers.

§ 28 Every such corporation shall start and run its cars for the
transportation of passengers and property at regular times, to be fixed
by public notice; and shall furnish sufficient accommodations for the
transportation of all such passengers and property as shall, within a
reasonable time previous thereto, be offered for transportation at the
place of starting and the junction of other railroads, and at usual
stopping places established for receiving and discharging way pas-
sengers and freight for that train; and shall take, transport, and dis-
charge such passengers and property at, from and to such places, on

Eapid Transit Aor. 263

the due payment of the freight or fare legally authorized therefor, and
shall be liable to the party aggrieved in an action for damages, for
any neglect or refusal in the premises.

Intoxication of employes.

§ 29. If any person shall, while in charge of a locomotive engine
running upon the railway of any such corporation, or while acting as
the conductor of a car or train of cars on any such rsdlroad, be
intoxicated, he shall be deemed guilty of a misdemeanor.

Willful injury to property.

§ 30. If any person or persons shall willfully do, or cause to be
done, any act or acts whatever, whereby any building, construction
or work of any railway corporation, or any engine, machine or struc-
ture, or any matter or thing appertaining to the same, shall be stopped,
obstructed, impaired, weakened, injured or destroyed, the person or
persons so offending shall be guilty of a misdemeanor, and shall for-
feit and pay to the said corporation treble the amount of damages
sustained in consequence of such offense.

Dissolution by legislature.

§ 31. The legislature may, at any time, annul or dissolve any cor-
poration formed under this act; but such dissolution shall not take
away or impair any remedy given against any such corporations, its
stockholders or officers, for any liability which shall have been pre-
viously incurred.

Power to &X. connecting routes and extend lines; addi-
tional tracks and facilties; plans, compensation, etc.;
certificate by board ; delivery and filing thereof ;
powers conferred thereupon ; right to construct ; con-
sent of property owners and local authorities.
§ 32. The said board of rapid transit railroad commissioners may also
from time to time, upon application of any railway corporation owning
or actually operating a railroad wholly or in part within the limits of
any city in which the said board has power to act, if in the judgment
of said board the public interests so demand, by the concurrent vote
of all the members of said board fix and determine the route or routes
by which any such railway company may connect with other
steam railways, or the stations thereof, or with steam ferries, or may
extend its lines within said city and may authorize any such railway
company to lay an additional track or tracks on, above, under or con-
tiguous to a portion or the whole of the route or routes of its railway

264 Eapid Transit Act.

or railvvays within said city and to acquire terminal or other facilities
necessary for the accommodation of the traveling public on any street
or place except the place now known as Battery park on which said
railway shall be located; and the said board shall fix and determine
the locations and plans cf construction of the railways upon such
route or routes and cf such tracks and facilities, the times within
which they shall be respectively constructed, the compensation to be
made therefor to the city by said railway company, and such other
terms, conditions and requirements as to the said board may appear
just and proper. A certificate shall be prepared by the said board,
attested by its seal and the signatureo of its presiding officer, setting
forth in detail the action taken by the said board with respect to such
connecting or extended route or routes and such tracks and facilities,
and the terms, conditions and requirements aforesaid. Such certifi-
cates shall be delivered to said railway corporation upon the receipt
by said board of a written acceptance of said terms, conditions and
requirements, duly executed by said railway corporation, so a^s to
entitle it to be recorded. The said certificate shall be filed in the
office of the secretary of state, and a duly certified copy thereof shall
be filed in the office of the clerk of the county in which the railways
of said railway corporation are situated, and thereupon, and upon
fulfillment by such railway corporation, so far as it relates to such
connections, additional track or tracks, or facilities, of such of the
requirements and conditions as are necessary to be fulfilled in such
oases, under section eighteen of article three of the constitution of
this state, and upon fulfillment by such railway corporation of such
other terms, conditions and requirements enumerated in said certifi-
cate, as the said board may require to be fulfilled as a condition pre-
cedent to commencing said work, said railway company shall in such
cases possess in addition to existing franchises all the powers con-
ferred by this act upon corporations specially formed thereunder, with
respect to its railways authorized to be constructed as aforesaid, and
when any route or routes, additional track or tracks, or terminal or
other facilities, shall be so fixed and determined, and a certificate as
aforesaid shall have been duly filed, such railway company may con-
struct the same with all the rights, and with like effect as though the
same had been a part of the original route of its railway then in actual
operation. But the construction and operation of such connections,
extensions, additional track or tracks, or facilities, are hereby author-
ized only upon the condition that the consent of the owners of one-
half in value of the property bounded on, and the consent also of the
local authorities having the control of that portion of a street or high-

Eapid Tbansit Act. 265

■way upon, above or under which it ia proposed to construct or operate
the same, be first obtained, or in case the consent of such property
owners can not be obtained, the general term of the supreme court in
the district in which they are proposed to be constructed, may, upon
application, in the same manner and on the same notice specified in
section five of this act, appoint three commissioners, who shall
determine after a hearing of all parties interested, whether the same
ought to be constructed or operated, and their determination, con-
firmed by the court, may be taken in lieu of the consent of the prop-
erty owners.

Removal of horse rail-way tracks ; costs and charges.

§ 33. "Wherever the route selected by the said board of rapid transit
railroad commissioners for the construction of such railway shall
intersect, cross or coincide with any railway track or tracks occupying
the surface of any street or avenues, any corporation organized under
this act is hereby authorized, for the purpose of constructing the said
work, to remove the track or tracks of any such surface railway or
railways, but the same shall be done in such manner as to interfere as
little as possible with the practical operation or workings of such sur-
face railway or railways, and upon the construction of such railway
built under and in conformity with the provisions of this act, where
such removals or changes have been made, the same shall be restored,
as nearly as may be, to the condition in which they were previous to
the construction of any such railway buUt under the provisions of this
act, and any damage which such company or companies may sustain,
shall be ascertained by a commission to be appointed the same as in
the case where lands are taken for the purposes of a railway route or
routes as hereinbefore provided in this act. All such removals and
restorations shall be made at the proper cost and charge of such cor-
poration as may have entered upon the occupancy of such street or
streets. Nothing contained in this act shall authorize any corporation
formed thereunder to use the tracks of any horse railway. .

Construction of act.

§ 34. This act shall not be construed to repeal or in any manner
affect chapter six hundred and six of the laws of eighteen hundred
and seventy-five, entitled "An act to further provide for the construc-
tion and operation of a steam railway or railways in the counties of
this state," or the acts amendatory thereof or supplementary thereto,
or article five of chapter five hundred and sixty-five of the laws of
eighteen hundred and ninety, known as the railroad law, except so far

266 Eapid Transit Aot.

as the said acts, or either of them, would if this act had not been
passed, authorize the appointment hereafter of any commissioners
applied for as provided in section one of said act of eighteen hundred
and seventy- five, or in section one hundred and twenty of said act of
eighteen hundred and ninety, in any city or cities containing a popu-
lation of over one million inhabitants, according to the last preceding
national or state census or authorize any commissioners already
appointed pursuant to the provisions of such act or acts in any such
city or cities, to fix, determine or locate any new route or routes, pur-
suant to the provisions of either of said acts. This act shall not be
construed in any manner to affect the exercise or enjoyment at any
time, and from time to time hereafter, of any right or rights hereto-
fore acquired, exercised or enjoyed by any corporation heretofore duly
incorporated and organized or deriving powers and rights under the
laws of this state. This act shall not affect or impair the exercise or
enjoyment of any right or rights now possessed or heretofore acquired
or heretofore authorized to be acquired, exercised or enjoyed by any
street surface railroad corporation, except as herein otherwise expressly
provided, and this act shall not be construed to repeal or in any man-
ner affect chapter one hun.dred and forty of the laws of eighteen
hundred and fifty, entitled "An act to authorize the formation of rail-
road corporations, and to regulate the same," or either of the several
acts amendatory thereof or supplementary thereto. This act shall
not be construed to repeal or in any manner affect chapter five hun-
dred and sixty-five of the laws of eighteen hundred and ninety, known
as the railroad law, except hereinabove expressly provided, or except
so far as the provisions of the same conflict with the provisions of
this act.

No surface roads under act.

§ 35. No railroad shall be constructed or operated upon the surface
of any street, avenue or highway in the city of New York under the
provisions or authority of this aot.

Repeal.

§ 36. All acts and parts of acts local or general inconsistent with
this act are hereby repealed.

§ 37. This act shall take effect immediately.

§ 38. The board of directors of any company incorporated for the
purpose of constructing, maintaining or operating a bridge or bridges
connecting a city of more than one million inhabitants with any other
city in this state, and by the act of incorporation of which authority

Rapid Transit Act. 267

shall have been conferred or intended to be conferred, to construct
maintain or operate, as a part of or in connection with its bridge, an
approach or approaches thereto extending generally in an easterly and
westerly direction, may determine in lieu of constructing such
approach or approaches, to build, maintain and operate an elevated
railway, the route of which shall be coincident with the route of such
approach or approaches as defined in said act, and shall adopt a gen-
eral plan for the construction thereof, and which shall show the general
mode of operation, and contain such details as to manner of construc-
tion as may be necessary to show the extent to which any street, ave-
nue, or other public place is to be encroached upon and the property
abutting thereon affected, a copy of which plan shall be transmitted
to the common council of the city in which the same is to be located.
Such proceedings shall thereupon be had by such common council as
are provided by section five of this act, as though such plans had been
transmitted by the rapid transit commissioners as contemplated in said
section. Provided, that where in any such city the exclusive control
of any street, route, highway or avenue, which is to be occupied by any
railway or railways constructed under the provisions of this section is
by law vested in any local authority other than the common council of
such city, the approval of the aforesaid plans, and consent to the con-
struction of a railway thereunder shall be given by such local author-
ity in place of, and if required in addition to such approval and consent
by such common council, and with like effect. Upon obtaining the
approval and consent of the local authorities as in said section provided,
the said board of directors shall take the necessary steps to obtain, if
possible, the consent of the property owners along the line of the said
route or routes, and all proceedings in respect of such consents or
when such consents can not be obtained shall be similar in all respects
to the proceedings in said section provided. Any consent of the local
authorities to construct or operate such railway shall be given only
upon the condition that the rate of fare upon such elevated railway
shall not exceed five cents for each passenger, and that payment
of such fare shall entitle each passenger to or from said elevated rail-
road to free transit across the bridge or bridges with which it is
intended to connect the same. When the consents of the local author-
ities and the property owners, or in lieu thereof, the authorization
of the supreme court upon the report of the commissioners shall have
been obtained, and the said company shall have accepted such condi-
tion it shall have all the powers of corporations formed under this act,
it shall be authorized to build, construct, maintain and operate silch
elevated railway or railways, but all provisions of this act, or of any

268 Eapid Transit Act.

act requiring the sale of the right, privilege and franchise of construct-
ing, maintaining and operating such railway or railways, or requiring
a corporation or corporations to be organized for the purpose of acquir-
ing such right, privilege and franchise, and aU other provisions of this
act or of any act inconsistent with this section, are hereby declared
inapplicable to such elevated railway and to such company. The entire
route of any elevated railway constructed under the provision of this
section shall not exceed three miles in length, nor shall any part of
said railway except at the termini thereof be less than sixteen feet
above any street, avenue or public place, or less than fourteen feet
above any existing elevated railway which may be crossed, intervened
or intersected thereby. The said railway may be located and con-
structed so as to cross any intersecting street, avenue, highway or place
otherwise exempted, except that no public part shall be occupied or
crossed thereby, the structure of such elevated railway shall be liable
to taxation as provided by law for similar structures. {As added by
ch. 102 of the Laws of 1892.)

INTERSTATE COMMERCE ACTo

Approved Febbuaky 4, 1887, and as amended by Act approved March 2, 1689.

Carriers and transportation subject to the act.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the provisions of this act
shall apply to any common carrier or carriers engaged in the trans-
portation of passengers or property wholly by railroad, or partly by
railroad and partly by water when both are used, under a common
control, management, or arrangement, for a continuous carriage or
shipment, from one State or Territory of the United States, or the
District of Columbia, to any other State or Territory cf the United
States, or the District of Columbia, or from any place in the United
States to an adjacent foreign country, or from any place in the
United States through a foreign country to any other place in the
United States, and also to the .transportation in like manner of prop-
erty shipped from any place in the United States to a foreign country
and carried from such place to a port of transshipment, or shipped
from a foreign country to any place in the United States and carried
to such place from a port of entry either in the United States or an
adiacent foreign country: Provided, however. That the provisions of
this act shall not apply to the transportation of passengers or property,
or to the receiving, delivering, storage, or handling of property,
wholly within one State, and not shipped to or from a foreign country
from or to any State or Territory as aforesaid.

What the terms "railroad" and "transportation" include.

The term "railroad" as used in this act shall include all bridges
and ferries used or operated in connection with any railroad, and also
all the road in use by any corporation operating a railroad, whether
owned or operated under a contract, agreement, or lease; and the
term "transportation" shall include all instrumentalities of shipment
or carriage.

270 Inteestate Commbbce Act.

Charges to be reasonable.

All charges made for any service rendered or to be rendered in the
transportation of passengers or property as aforesaid, or in connection
therewith, or for the receiving, delivering, storage, or handling of such
property, shall be reasonable and just; and every unjust and unreas-
onable charge for such service is prohibited and declared to be
unlawful.

Unjust discrimination forbidden.

§ 2. That if any common carrier subject to the provisions of this
act shall, directly or indirectly, by any special rate, rebate, drawback,
or other device, charge, demand, collect, or receive from any person
or persons a greater or less compensation for any service rendered, or
to be rendered, in the transportation of passengers or property, sub-
ject to the provisions of this act, than it charges, demands, collects,
or receives from any other person or persons for doing for him or
them a like and contemporaneous service in the transportation of a
like kind of traffic under substantially similar circumstances and con-
ditions, such common carrier shall be deemed guilty of unjust dis-
crimination, which is hereby prohibited and declared to be unlawful.

Undue or ujireasonable pl>eference or advantage
forbidden.

§ 3. That it shall be unlawful for any common carrier subject to the
provisions of this act to make or give any undue or unreasonable prefer-
ence or advantage to any particular person, company, firm, corporation,
or locality, or any particular description of traffic, in any respect what-
soever, or to subject any particular person, company, firm, corpora-
tion, or locality, or any particular description of traffic, to any undue
or unreasonable prejudice or disadvantage in any respect whatsoever.

Facilities for interchange of traf&c.

Every common carrier subject to the provisions of this act shall,
according to their respective powers, afford all reasonable, proper, and
( qual facilities for the interchange of traffic between their respective
lines, and for the receiving, forwarding, and delivering of passengers
and property to and from their several lines and those connecting
therewith, and shall not discriminate in their rates and charges between
such connecting, lines; but this shall not be construed as requiring
any such common carrier to give the use of its tracks or terminal
facilities to another carrier engaged in like business.

Inteestate Commeece Act. 271

Long and short haul provision.

§ 4. That it shall be unlawful for any common carrier subject to the
provisions of this act to charge or receive any greater compensation
in the aggregate for the transportation of passengers or of like kind
of property, under substantially similar circumstances and conditions,
for a shorter than for a longer distance over the same line, in the same
direction, the shorter being included within the longer distance; but
this shall not be construed as authorizing any common carrier within
the terms of this act to charge'and receive as great compensation fox
a shorter as for a longer distance: Provided, however, that upon
application to the Commission appointed under the provisions of thiij
act, such common carrier may, in special cases, after investigation by
the Commission, be authorized to charge less for longer than for
shorter distances for the transportaion of passengers or property; and
the Commission may from time to time prescribe the extent to which
such designated common carrier may be relieved from the operation
of this section of this act.

Pooling of freights and division of earnings forbidden.

§ 5. That it shall be unlawful for any common carrier subject to the
provisions of this act to enter into any contract, agreement, or combi-
nation with any other common carrier or carriers for the pooling of
freights of different and competing railroads, or to divide between
them the aggregate or net proceeds of the earnings of such railroads
or any portion thereof; and in any case of an agreement for the pool-
ing of freight as aforesaid, each day of its continuance shall be
deemed a separate offense.

Printing and posting of schedules of rates, fares, and
charges.

§ 6. {As amended.) That every common carrier subject to the pro-
visions of this act shall print and keep open to public inspection
schedules showing the rates and fares and charges for the transpor:
tation of passengers and property which any such common carrier
has established and which are in force at the time upon its route.
The schedules printed as aforesaid by any such common carrier shall
plainly state the places upon its railroad between which property and
passengers will be carried, and shall contain the classification of
freight in force, and shall also state separately the terminal charges
and any rules or regulations which in any wise change, affect or
determine any part or the aggregate of such aforesaid rates and fares

272 Intebstate Commeeoe Act.

and charges. Such schedules shall be plainly printed in large type,
and copies for the use of the pubUo shall be posted in two public and
conspicuous places, in every depot, station, or office of such carrier
where passengers or freight, respectively, are received, for transpor-
tation, in such form that they shall be accessible to the public and
can be conveniently inspected.

Printing and posting of schedules of rates on freight
carried through a foreign country.

Any common carrier subject to the provisions of this act receiving
freight in the United States to be carried through a foreign country
to any place in the United States shall also in like manner print and
keep open to public inspection, at every depot or office where such
freight is received for shipment, schedules showing the through rates
established and charged by such common carrier to all points in the
United States beyond the foreign country to which it accepts freight
for shipment; and any freight shipped from the United States through
a foreign country into the United States, the through rate on which
shall not have been made public as required by this act, shall, before
it is admitted into the United States from said foreign country, be
subject to customs duties as if said freight were of foreign produc-
tion; and any law in conflict with this section is hereby repealed.

Ten days' public notice of advance in rates to be given ;
three days' public notice of reduction in rates to be
given.

No advance shall be made in the rates, fares and charges which
have been established and published as aforesaid by any common car-
rier in compliance with the requirements of this section, except after
ten days public notice, which shall plainly state the changes proposed
to be made in the schedule then in force, and the time when the
increased rates, fares, or charges will go into effect; and the proposed
changes shall be shown by printing new schedules, or shall be plainly
indicated upon the schedules in force at the time and kept open to
public inspection. Eeductions in such published rates, fares, or
charges shall only be made after three days previous public notice, to
be given in the same manner that notice of an advance in rates must
be given.

Published rates not to be deviated from.

And when any such common carrier shall have established and pub-
lished its rates, fares, and charges in compliance with the provisions

Interstate Oommeece Act. 273

of this section, it shall be unlawful for such common carrier to charge,
demand, collect, or receive from any person or persons a greater or
less compensation for the transportation of passengers or property,
or for any services in connection therewith, than is specified in such
published schedule of rates, fares, and charges as may at the time be
in force.

Copies of schedules of rates, fares and charges to be filed
with Commission; copies of contracts and agreements
to be filed vritla. Commission; joint tariffs to be filed
with Commission; power of Commission to prescribe
publicity.
Every common carrier subject to the provisions of this act shall file
with the Commission hereinafter provided for copies of its schedules
of rates, fares, and charges which have been established and pub-
lished in compliance with the requirements of this section, and shall
promptly notify said Commission of all chan ges made in the same.
Every such common carrier shall also file with said Commission copies
of all contracts, agreements, or arrangements, with other common
carriers in relation to any traffic effected by the previsions of this act
to which it may be a party. And in cases where passengers and
freight pass over continuous lines or routes operated by more than
one common carrier, and the several common carriers operating such
lines or routes establish joint tariffs of rates or fares or charges for
such continuous lines or routes, copies of such joint tariffs shall also,
in like manner, be filed with said Commission. Such joint rates, fares,
and charges on such continuous lines so filed as aforesaid shall be
made public by such common carriers vrhen directed by said Commis-
sion, in so far as may, in the judgment of the Commission, be deemed
practicable; and said Commission shall from time to time prescribe
the measure of publicity which shall be given to such rates, fares,
and charges, or to such part of them as it may deem it practicable for
such common carriers to publish, and the places in which they shall
be published.

Ten days' notice to Commission of advance in joint
rates, fares and charges; three days' notice to Com-
mission of reduction in joint rates, fares and charges;
power of Commission to make advances or reductions
public.
No advance shall be made in joint rates, fares, and charges, shown
upon joint tariffs, except after ten days' notice to the Commission,
35

274 IjifTEBSTATE COMMEBCE ACT.

which shall plainly state the changes proposed to be made in the
schedule then in force, and the time when the increased rates,
fares or charges will go into effect. No reduction shall be made
in joint rates, fares and charges, except after three days' notice, to
be given to the Commission as is above provided in the case of
an advance of joint rates. The Commission may make public such
proposed advances, or such reductions, in such manner as may, in its '
judgment, be deemed practicable, and may prescribe from time to
time the measure of publicity which common carriers shall give to
advances or reductions in joint tariffs.

Joint rates, fares and charges not to be deviated from.

It shall be unlawful for any common carrier, party to any joint
tariff, to charge, demand, collect or receive from any person or
persons a greater or less compensation for the transportation of
persons or property, or for any services in connection therewith,
between any points as to which a joint rate, fare or charge is named
thereon than is specified in the schedule filed with the Commission in
force at the time.

Commission may prescribe forms of schedules of rates,
fares and charges.

The Commission may determine and prescribe the form in which
the schedules required by this section to be kept open to public
inspection shall be prepared and arranged, and may change the form
from time to time as shall be found expedient.

Penalties for neglecting or refusing to file or publish
rates, fares and charges.
If any such common carrier shall neglect or refuse to file or
publish its schedules or tariffs of rates, fares and charges as provided
in this section, or any part of the same, such common carrier shall, in
addition to other penalties, herein prescribed, be subject to a writ
of mandamus, to be issued by any circuit court of the United
States in the judicial district wherein the principal office of said
common carrier is situated, or wherein such offense may be com-
mitted, and if such common carrier be a foreign corporation in
the judicial circuit wherein such common carrier accepts traffic and
has an agent to perform such service, to compel compliance with the
aforesaid provisions of this section; and such writ shaU issue in the

Intebstate Commekoe Act. 275

name of the people of the United States at the relation of the Com-
missioners appointed under the provisions of this act; and the failure
to comply with its requirements shall be punishable as and for a con-
tempt; and the said Commissioners, as complainants, may also apply,
in any such circuit court of the United States, for a writ of injunction
against such common carrier, to restrain such common carrier from
receiving or transporting property among the several States and ter-
ritories of the United States, or between the United States and
adjacent foreign countries, or between ports of transshipment and of
entry and the several States and territories of the United States, as
mentioned in the first section of this act, until such common carrier
shall have complied with the aforesaid provisions of this section ol
this act.

Continuous carriage of freights not to be unnecessarily-
interrupted.

§ 7. That it shall be unlawful for any common carrier subject to the
provisions of this act to enter into any combination, contract or agree-
ment, expressed or implied, to prevent, by change of time schedule,
carriage in different cars, or by other means or devices, the carriage
of freights from being continuous from the place of shipment to the
place of destination; and no break of bulk, stoppage, or interruption
made by such common carrier shall prevent the carriage of freights
from being and being treated as one continuous carriage from the
place of shipment to the place of destination, unless such break, stop-
page, or interruption was made in good faith for some necessary pur-
pose, and without any intent to avoid or unnecessarily interrupt such
continuous carriage or to evade any of the provisions of this act.

Liability of common carriers for damages.

§ 8. That in case any common carrier subject to the provisions of this
act shall do, cause to be done, or permit to be done any act, matter or
thing in this act prohibited or declared to be unlawful, or shall omit
to do any act, matter or thing in this act required to be done, such
common carrier shall be liable to the person or persons injured
thereby for the full amount of damages sustained in consequence of
any such violation of the provisions of this act, together with a reason-
able counsel or attorney's fee, to be fixed by the court in every case
of recovery, which attorney's fee shall be taxed and collected as part
of the costs in the case.

276 Iktebstate Commeecs Act.

Persons claiming to be damaged may complain to Com-
mission or bring suit in United States courts; officers,
etc., of defendant may be compelled to testify.

§ 9. That any person or persons claiming to be damaged by any
common carrier subject to the provisions of this act may either make
complaint to the Commission as hereinafter provided for, or may
bring suit in his or their ovyn behalf for the recovery of the damages
for v^hich such common carrier may be liable under the provisions of
this act, in any district or circuit court of the United States of com-
petent jurisdiction; but such person or persons shall not have the
right to pursue both of said remedies, and must in each case elect
which one of the two methods of procedure herein provided for he or
they ■will adopt. In any such action brought for the recovery of
damages the court before which the same shall be pending may
compel any director, oflScer, receiver, trustee, or agent of the corpo-
ration or company defendant in such suit to attend, appear, and
testify in such case, and may compel the production of the books and
papers of such corporation or company party to any such suit; the
claim that any such testimony or evidence may tend to criminate the
person giving such evidence shall not excuse such witness from testi-
fying, but such evidence or testimony shall not be used against such
person on the trial of any criminal proceeding.

Penalties for violations of act by carriers, their officers
or agents; fine and imprisonment.

§ 10. (As amended.) That any common carrier subject to the pro-
visions of this act, or, whenever such common carrier is a corporation
any director or officer thereof, or any receiver, trustee, lessee, agent,
or person, acting for or employed by such corporation, who, alone or
with any other corporation, company, person or party, shall willfully
do or cause to be done, or shall willingly suffer or permit to be done,
any act, matter, or thing in this act prohibited or declared to be
unlawful, or who shall aid or abet therein, or shall willfully omit or
fail to do any act, matter or thing in this act required to be done, or
shall cause or willingly suffer or permit any act, matter or thing so
directed or required by this act to be done not to be so done, or shall
aid or abet any such omission or failure, or shall be guilty of any
infraction of this act, or shall aid or abet therein, shall be deemed
guilty of a misdemeanor, and, shall, upon conviction thereof in any
district court of the United States within the jurisdiction of which
BQch offense was committed, be subject to a fine of not to exceed five

Intebstatb Commeeoe Act. 277

thousand dollars for each ofEense: Prcmded, that if the offense for
which any person shall be convicted as aforesaid shall be an unlawful
discrimination in rates, fares, or charges, for the transportation of
passengers or property, such person shall, in addition to the fine here-
inbefore provided for, be liable to imprisonment in the penitentiary
for a term of not exceeding two years, or both such fine and imprison-
ment, in the discretion of the court.

Penalties for false billing, etc., by carriers, their officers
or agents; fine and imprisonment.

Any common carrier subject to the provisions of this act or,
whenever such common carrier is a corporation, any officer or agent
thereof, or any person acting for or employed by such corporation,
who by means of false billing, false classification, false weighing,
or false report of weight, or by any other devise or means, shall
knowingly and willfully assist, or shall willingly suffer or permit,
any person or persons to obtain transportation for property at less
than the regular rates than established and in force on the- line of
transportation of such common carrier, shall be deemed guilty of a
misdemeanor, and shall, upon conviction thereof in any court of the
United States of competent jurisdiction within the district in which
such offense was committed, be subject to a fine of not exceeding five
thousand dollars, or imprisonment in the penitentary for a term of
not exceeding two years, or both, in the discretion of the court, for
each offense.

Penalties for false billing, etc., by shippers and otTasr
persons; fine and imprisonment.

Any person and any officer or agent of any corporation or company
who shall deliver property for transportation to any common carrier,
subject to the provisions of this act, or for whom as consignor or
consignee any such carrier shall transport property, who shall know-
ingly and willfully, by false billing, false classification, false weighing,
false representation of the contents of the package, or false report of
weight, or by any other devise or means, whether with or without the
consent or connivance of the carrier, its agent or agents, obtain trans-
portation for such property at less than the regular rates then estab-
lished and in force on the line of transportation, shall be deemed
guilty of fraud, which is hereby declared to be a misdemeanor, and
shall, upon conviction thereof in any court of the United States of
competent jurisdiction within the district in which such offense was

278 Interstate Commerce Act.

committed, be subject for each offense to a fine of not exceeding five
thousand dollars or imprisonment in the penitentary for a term of not
exceeding two years, or both, in the discretion of the court.

Penalties for inducing common carriers to discriminate
unjustly; fine and imprisonment; joint liability with
carrier for damages.

If any such person, or any officer or agent of any such corporation or
company, shall, by payment of money or other thing of value, solicita-
tion, or otherwise induce any common carrier subject to the provision of
this act, or any of its officers or agents, to discriminate unjustly in his,
its, or their favor as against any other consignor or consignee in the
transportation of property,' or shall aid or abet any common carrier in
any such unjust discrimination, such person or such officer or agent
of such corporation or company shall be deemed guilty of a misde-
meanor, and shall, upon conviction thereof in any court of the United
States of competent jurisdiction within the district in which such
offense was committed, be subject to a fine of not exceeding five
thousand dollars or imprisonment in the penitentiary for a term of
not exceeding two years, or both, in the discretion of the court, for
each offense; and such person, corporation, or company shall also,
together with said common carrier, be liable jointly or severally, in an
action on the case to be brought by any consignor or consignee, dis-
criminated against in any court of the United States of competent
jurisdiction for all damages caused by or resulting therefrom.

Interstate Commerce Commissioners — how appointed;
terms of Commissioners.

§ 11. That a Commission is hereby created and established to be
known as the Interstate Commerce Commission, which shall be com-
posed of five Commissioners, who shall be appointed by the President,
by and with the advice and consent of the Senate. The Commission-
ers first appointed under this act shall continue in office for the term
of two, three, four, five, and six years, respectively, from the first day
of January, anno Domini eighteen hundred and eighty-seven, the
term of each to be designated by the President; but their successors
shall be appointed for terms of six years, except that any person
chosen to fill a vacancy shall be appointed only for the unexpired
time of the Commissioner whom he shall succeed. Any Commissioner
may be removed by the President for inefficiency, neglect of duty, or

Inteestate Commerce Act. 279

malfeasance in office. Not more tlian three of the Commissioners
shall be appointed from the same political party. No person in the
employ of or holding any official relation to any common carrier sub-
ject to the provisions of this act, or owning stock or bonds thereof, or
who is in any manner pecuniarily interested therein, shall enter
upon the duties of or hold such office. Said Commissioners shall
not engage in any other business, vocation, or employment. No
vacancy in the Commission shall impair the right of the remaining
Commissioners to exercise all the powers of the Commission.

Power of Commission to inquire into business of carriers;
Commission required to enforce the provisions of
the act ; po°wer of the Commission to require attend-
ance of -w^itnesses and production of books and
papers.
§ 12. (^s amended.) That the Commission hereby created shall have
authority to inquire into the management of the business of all com-
mon carriers subject to the provisions of this act, and shall keep itself
informed as to the manner and method in which the same is conducted,
and shall have the right to obtain from such common carriers full and
complete information necessary to enable the Commission to perform
the duties and carry out the objects for which it was created; and
the Commission is hereby authorized and required to execute and
enforce the provisions of this act; and, upon the request of the Com-
mission, it shall be the duty of any district attorney of the United
States to whom the Commission may apply to institute in the proper
court and to prosecute under the direction of the Attorney-General
of the United States, all necessary proceedings for the enforcement
of the provisions of this act and for the punishment of all violations
thereof; and the costs and expenses of such prosecution shall be paid
out of the appropriation for the expenses of the courts of the United
States; and for the purposes of this act the Commission shall have
power to require, by subpoena, the attendance and testimony of
witnesses and the production of all books, papers, tariffs, contracts,
agreements, and documents relating to any matter under investiga-
tion, and in case of disobedience to a subpoena, the Commission, or
any party to a proceeding before the Commission, may invoke the aid
of any court of the United States in requiring the attendance and
testimony of witnesses and the production of books, papers, and
documents under the provisions of this section.

280 Interstate Commeece Act.

Punishment for refusal to testlty or produce books and
papers.

And any of the circuit courts of the United States within the juris-
diction of -which such inquiry is carried on may, in case of contumacy
or refusal to obey a subpoena issued to any common carrier subject to
the provisions of this act, or other person, issue an order requiring
such common carrier or other person to appear before said Com-
misBion (and produce books and papers if so ordered) and give evi-
dence touching the matter in question; and any failure to obey such
order of the court may be punished by such court as a contempt
thereof. The claim that any such testimony or evidence may tend to
criminate the person giving such evidence shall not excuse such wit-
ness from testifying; but such evidence or testimony shall not be used
against such person on the trial of any criminal proceeding.

Complaints to Commission; how and by whom made;
reparation by carriers before investigation; investiga-
tions by the Commission.

§ 13. That any person, firm, corporation, or association, or any
mercantile, agricultural, or manufacturing society, or any body politic
or municipal organization complaining of anything done or omitted to
be done by any common carrier subject to the provisions of
this act in contravention of the provisions thereof, may apply
to said Commission by petition, which shall briefly state the
facts; whereupon a statement of the charges thus made shall
be forwarded by the Commission to such common carrier, who
shall be called upon to satisfy the complaint or to answer
the same in writing within a reasonable time, to be specified by the
Commission. If such common carrier, within the time specified, shall
make reparation for the injury alleged to have been done, said carrier
shall be relieved of liability to the complainant only for the particular
violation of law thus complained of. If such carrier shall not satisfy
the complaint within the time specified, or there shall appear to be
any reasonable ground for investigating said complaint, it shall be the
duty of the Commission to investigate the matters complained of in
such manner and by such means as it shall deem proper.

Said Commission shall in like manner investigate any complaint
forwarded by the railroad commissioner or railroad commission of
any State or territory at the request of such commissioner or com-

Interstate Commerce Act. 281

mission, and may institute any inquiry on its own motion in the same
manner and to the same effect as though complaint had been made.

No complaint shall at any time be dismissed because of the absence
of direct damage to the complainant.

Findings of Commission prima facie evidence in judicial
proceedings.

§ 14. {As amended.) That whenever an investigation shall be made
by said Commission, it shall be its duty to make a report in writing
in respect thereto, which shall include the findings of fact upon which
the conclusions of the Commission are based, together with its recom-
mendation as to what reparation, if any, should be made by the
common carrier to any party or parties wlio may be found to have
been injured, and such findings so made shall thereafter, in judicial
proceedings, be deemed prima facie evidence as the each and every
fact found.

All reports of investigations made by the Commission shall be
entered of record, and a copy thereof shall be furnished to the party
who may have complained, and to any common carriers that may have
been complained of.

Reports and decisions; authorized publication to be cora-
petent evidence; publication and distribution of annual
reports of Conunissiou.

The Commission may provide for the publication of its reports and
decisions in such form and manner as may be best adapted for
public information and use, and such authorized publications shall
be competent evidence of the reports and decisions of the Commis-
sion therein contained, in all courts of the United States, and of the
several States, without any further proof or authentication thereof.
The Commission may also cause to be printed for early distribution
its annual reports.

Notice to common carrier to cease from violation of act;
compliance -with notice to cease from violation of act;
reparation.

§ 15. That if in any case in which an investigation shall be made
by said Commission it shall be made to appeai- to the satisfaction of
the Commission, either by the testimony of witnesses or other evi-
dence, that anything has been done or omitted to be done in viola-
tion of the provisions of this act, or of any law cognizable by said
Commission, by any common carrier, or that any injury or damage
36

282 InTIliSTATE COMMEKCK AOT.

has been sustained by the partj or parties complaining, or by other
parties aggrieved in consequence of any such violation, it shall be the
duty of the Commission to forthwith cause a copy of its report in
respect thereto to be delivered to such common carrier, together with
a notice to said common carrier to cease and desist from such viola-
lation, or to make reparation for the injury so found to have been
done, or both, within a reasonable time, to be specified by the Com-
mission; and if, within the time specified, it shall be made to appear
to the Commission that such common carrier has ceased from such
violation of law, and has made reparation for the injury found to have
been done, in compliance with the report and notice of the Commis-
sion, or to the satisfaction of the party complaining, a statement to
that effect shall be entered of record by the Commission, and the said
common carrier shall thereupon be relieved from further liability or
penalty for such particular violation of law.

Petition to United States courts in cases of disobedience to
order of Commission; power of United States courts
to hear and determine cases of disobedience; writs of
injunction or other process against carriers in cases
of disobedience; punishment for refusal to obey writs
of injunction or other proper process; fine; appeals to
Supreme Court of United States.

§ 16. {As amended.) That whenever any common carrier, as
defined in and subject to the provisions of this act, shall
viilate, or refuse or neglect to obey or perform any lawful
order or requirement of the Commission created by this act,
not founded upon a controversy requiring a trial by jury, as pro-
vided by the seventh amendment to the Constitution of the United
States, it shall be lawful for the Commission or for any company or
person interested in such order or requirement, to apply in a summary
way, by petition, to the Circuit Court of the United States sitting in
equity in the judicial district in which the common carrier complained
of has its principal office, or in which the violation or disobedience of
such order or requirement shall happen, alleging such violation or
disobedience, as the case may be; and the said court shall have power
to hear and determine the matter, on such short notice to the common
carrier complained of as the court shall deem reasonable ; and such
notice may be served on such common carrier, his or its officers, agents,
or servants in such manner as the court shall direct; and said court
°k&\\ proceed to hear and determine the matter as speedily as a court

Intebstate CJommerce Act. 283

of equity, and without the formal pleadings and proceedings applicable
to ordinary suits in equity, but in such manner as to do justice
in the premises; and to this end such court shall have power, if it
think fit, to direct and prosecute in such mode and by such persons
aa it may appoint, all such inquires as the court may think needful
to enable ittoformajust judgntentin the matter of such petition; and
on such hearing the findings of fact in the report of said Commis-
sion shall be prima facie evidence of the matters therein stated; and if
it be made to appear to suoh court, on such hearing or on report of
any sucTi person or persons, that the lawful order or requirement of
said Commission drawn in question has been violated or disobeyed
it shall be lawful for such court to issue a writ of injunction
or other proper procesF, mandatory or otherwise, to restrain such
common carrier from further continuing such violation or disobedince
of such order or requirement of said Commission, and enjoining
obedience to the same; and in case of any disobedience of any such
writ of injunction or other proper process, mandatory or otherwise, it
shall be lawful for such court to issue writs of attachment, or any
other process of said court incident or applicable to writs of injunc-
tion or other proper process, mandatory or otherwise, against such
common carrier, and if a corporation, against one or more
of the directors, officers, or agents of the same, or against any
owner, lessee, trustee, receivoKj or other person failing to obey such
writ of injunction, or other proper process, mandatory or otherwise ; and
said court may, if it shall think fit, make an order directing such
common carrier or other person so disobeying such writ of injunction
or other proper process, mandatory or otherwise, to pay such sum of
money, not exceeding for each carrier or person in default the sum of
five hundred dollars for every day, after a day to be named in the
order, that such carrier or other person shall fail to obey such
injunction or other proper process, mandatory or otherwise; and
such moneys shall be payable as the court shall direct, either to the
party complaining or into court, to abide the ultimate decision of the
court, or into the treasury; and payment thereof may, without preju-
dice to any other mode of recovering the same, be enforced by attach-
ment or order in the nature of a writ of execution, in like manner as
if the same had been recovered by a final decree in personam in such
court. When the subject in dispute shall be of the value of two
thousand dollars or more, either party to such proceeding before
said court may appeal to the Supreme Court of the United States,
under the same regulations now provided by law in respect of
security for such appeal; but such appeal shall not operate to stay or

284 Intebstate Commeeci! Act.

supersede the order of the court or the execution of any writ or pro-
cess thereon; and such court may, in every such matter, order the
payment of such costs and counsel fees as shall be deemed reason-
able. Whenever any such petition shall be filed or presented by the
Commission it shall be the duty of the district attorney, under the
direction of the Attorney-General of the United States, to prosecute
the same; and the costs and expenses of such prosecution shall be
paid out of the appropriation for the expenses of the courts of the
United States.

i*etition to United States courts in cases of disobedience
when trial by jury is necessary ; trial by jury ; trial
by court ; appeals to Supreme Court of United States ;
counsel or attorney's fees.
If the matters involved in any such order or requirement of said
Commission are founded upon a controversy requiring a trial by jury,
as provided by the seventh amendment to the Constitution of the
United States, and any such common carrier shall violate or refuse or
neglect to obey or perform the same, after notice given by said Com-
mission as provided in the fifteenth section of this act, it shall be law-
ful for any company or person interested in such order or require-
ment to apply in a summary way by petition to the Circuit Court of
the United States sitting as a court of law in the judicial district in
which the carrier complained of has its principal office, or in which the
violation or disobedience of such order or requirement shall happen,
alleging such violation or disobedience as the case may be; and said
court shall by its order then fix a time and place for the trial of said cause,
which shall not be less than twenty, nor more than forty days from the
time said order is made, and it shall be the duty of the marshal of the
district in which said proceedings is pending to forwith serve a copy
of said petition, and of said order, upon each of the defendants, and
it shall be the duty of the defendants to file their answers to said
petition within ten days after the service of the same upon them as
aforesaid. At the trial the findings of fact of said Commission as set
forth in its report shall be prima facie evidence of the matters therein
stated, and if either party shall demand a jury or shall omit to waive
a jury, the court shall, by its order, direct the marshal forthwith to
summon a jury to try the cause; but if all the parties shall waive a
jury in vmting, then the court shall try the issues in said cause and
render its judgment thereon. If the subject in dispute shall be of
the value of two thousand dollars or more, either party may appeal to
the Supreme Court of the United States under the same regulationr

Intebstate Commeece Act. 285

now provided by law in respect to security for such appeal; but such
appeal must be taken within twenty days from the day of the rendi-
tion of the judgment of said Circuit Court. If the judgment of the
Circuit Court shall be in favor of the party complaining, he or they
shall be entitled to recover a reasonable counsel or attorney's fee, to
be fixed by the court,»which shall be collected as part of the costs in
the case. For the purposes of this act, excepting its penal provisions,
tho Circuit Courts of the United States shall be deemed to be always
in session.

Interstate Commerce Commission — form of procedure;
o£B.cial seal.

§ 17. {As amended.) That the Commission may conduct its proceed-
ings in such manner as will best conduce to the proper dispatch of
business and to the ends of justice. A majority of the Commission
shall constitute a quorum for the transaction of business, but no
Commissioner shall participate in any hearing or proceeding in which
he has any pecuniary interest. Said Commission may, from time to
time, make or amend such general rules or orders as may be requisite
for the order and regulation of proceedings before it, including forms
of notices and the service thereof, which shall conform, as nearly as
may be, to those in use in the courts of the United States. Any party
may appear before said Commission and be heard, in person or by
attorney. Every vote and official act of the Commission shall be
entered of record, and its proceedings shall be public upon the
request of either party interested. Said Commission shall have an
official seal, which shall be judicially noticed. Either of the mem-
bers of the Commission may administer oaths and affirmations and
sign subpoenas.

Salaries of Commissioners; secretary— how appointed ;
salary ; of&ces and supplies ; witnesses' fees.
§ 18. {As amended.) That each Commissioner shall receive an annual
salary of seven thousand five hundred dollars, payable in the same
manner as the judges of the courts of the United States. The Com-
mission shall appoint a secretary, who shall receive an annual salary
of three thousand five hundred dollars, payable in like manner. The
Commission shall have authority to employ and fix the compensation
of such other employees as it may find necessary to the proper per-
formance of its duties. Until otherwise provided by law, the Com-
mission may hire suitable offices for its use, and shall have authority

286 Intebstate Commeecb Act.

to procure all necessary office supplies. Witnesses summoned before
the Commission shall be paid the same fees and mileage that are
paid witnesses in the courts of the United States.

Expenses of the Conuuissiou — ho-w paid.

All of the expenses of the Commission, including all necessary
expenses for transportation incurred by the Commissioners or by their
employees under their orders, in making any investigation, or upon
official business in any other places than in th^ city of Washington,
shall be allowed and paid on the presentation of itemized vouchers
therefor, approved by the chairman of the Commission.

Principal office of the Commission ; sessions of the Com-
mission.

§ 19. That the principal office of the Commission shall be in the
city of Washington, where its general sessions shall be held; but
whenever the convenience of the public or the parties may be pro-
moted or delay or expense prevented thereby, the Commission may
hold special sessions in any part of the United States. It may, by
one or more of the Commissioners, prosecute any inquiry necessary
to its duties, in any part of the United States, into any matter or
question of fact pertaining to the business of any common carrier
subject to the provisions of this act.

Carriers subject to the act must render full annual
reports to Commission; Commission may prescribe
methods of keeping: accounts.

§ 20. That the Commission is hereby authorized to require annual
reports from all common carriers subject to the provisions of this act,
to fix the time and prescribe the manner in which such reports shall
be made, and to require from such carriers specific answers to all
questions upon which the Commission may need information. Such
annual reports shall show in detail the amount of capital stock issued,
the amounts paid therefor, and the manner of payment for the same ;
the dividends paid, the surplus fund, if any, and the number of
stockholders; the funded and floating debts and the interest paid
thereon; the cost and value of the carrier's property, franchises and
equipments; the number of employees and the salaries paid each
class; the amounts expended for improvements each year, how
expended, and the character of such improvements; the earnings and
receipts from each branch of business and from all sources; the oper«
ating and other expenses; the balances of profit and loss; and a com-

Interstate Commerce Act. 287

plete exhibit of the financial operations of the carrier each year,
including an annual balance-sheet. Such report shall also contain such
information in relation to rates or regulations concerning fares or
freights, or agreements, arrangements or contracts with other common
carriers, as the Commission may require; and the said Commission
may, -within its discretion, for the purpose of enabling it the better to
carry out the purposes of this act, prescribe (if in the opinion of the
commission it is practicable to prescribe such uniformity and methods
of keeping accounts) a period of time within which all common car-
riers subject to the provisions of this act shall have, as near as may
be, a uniform system of accounts, and the manner in which such
accounts shall be kept.

Annual reports of the Commission to congress.

§ 21. (^s amended.) That the Commission shall, on or before the
first day of December in each year, make a report, which shall be
transmitted to Congress, and copies of which shall be distributed as
are the other reports transmitted to Congress. This report shall con-
tain such information and data collected by the Commission as may
be considered of value in the determination of questions connected
with the regulation of commerce, together with such recommenda-
tions as to additional legislation relating thereto as the Commission
may deem necessary; and the names and compensation of the persons
employed by said Commission.

Persons and property that may be carried free or at
educed rates; mileage, excursion, or commutation
passenger tickets; passes and free transportation to
oflacers and employees of railroad companies; pending
litigation not affected by act.
§ 22. {As amended.) That nothing in this act shall prevent the
carriage, storage or handling of property free or at reduced
rates for the United States, State or municipal governments, or
for charitable purposes, or to or from fairs and expositions for
exhibition thereat, or the free carriage of destitute and. home-
less persons transported by charitable societies, and the necessary
agents employed in such transportation, or the issuance of mile-
age, excursion or commutation passenger tickets; nothing in this
act shall be construed to prohibit any common carrier from giving
reduced rates to ministers of religion, or to municipal governments
for the transportation of indigent persons, or to inmates of the
National Homes or State Homes for Disabled Volunteer Soldiers, and of

288 Interstate Commeece Act.

Soldiers and Sailors' Orphan Homes, including those about to enter
and those returning home after discharge, under arrangement with
the boards of managers of said homes; nothing in this act shall be
construed to prevent railroads from giving free carriage to their own
officers and employees, or to prevent the principal officers of any rail-
road company or companies from exchanging passes or tickets with
other railroad companies for their officers and employees; and nothing
in this act contained shall in any way abridge or alter the remedies
now existing at common law or by statute, but the provisions of this
act are in addition to such remedies: Provided, that no pending liti-
gation shall in any way be affected by this act.

Jurisdiction of United States courts to issue writs of per-
emptory mandamus commanding the movement of
interstate trafB.c or the furnishing of cars or other
transportation facilities.

{New section.) That the circuit and district courts of the United
States shall have jurisdiction upon the relation of any person or per-
sons, firm, or corporation alleging such violation by a common carrier,
of any of the provisions of the act to which this is a supplement and
all acts amendatory thereof, as prevents the relator from having inter-
state traffic moved by said common carrier at the same rates as are
charged, or upon terms or conditions as favorable as those given by
said common carrier for like traffic under similar conditions to any
other shipper, to issue a writ or writs of mandamus against said
common carrier, commanding such common carrier to move and trans-
port the traffic, or to furnish cars or other facilities for transportation
for the party applying for the writ: Provided, that if any question of
fact as to the proper compensation to the common carrier for the
service to be enforced by the writ is raised by the pleadings, the writ
of peremptory mandamus may issue, notwithstanding such question
of fact is undetermined, upon such terms as to security, payment of
money into the court, or otherwise, as the court may think proper,
pending the determination of the question of fact: Provided, that the
remedy hereby given by writ of mandamus shall be cumulative, and
shall not be held to exclude or interfere with other remedies provided
by this act or the act to which it is a supplement.

INDEX.

Abandonment: p^^j,

of part of route by surface railroad 102, 116, 117

proceedings for 102, 117, 118

declaration of, to be filed 102

approval by board of railroad commissioners 102

Accidents ; investigation of, by railroad commissioners 126

Accounts, frauds in keeping, how punished 236

Actions, conclusively brought, stay of proceedings in 15

Affidavit, annexed to certificate of incorporation 52

Agreement :

for consolidation of corporation owing continuous line 83

to be submitted to stockholders 84

to be approved by two-thirds of stockholders 84

Alteration of business 39

Animals :

carrying in cruel manner, how punished 239

definition of 240

transportation of, for more than twenty-four hours 240

Answer in condemnation proceedings 135

Appearance in condemnation proceedings 134

Application of article 6 of railroad law 131

Application for railway 106

by whom and how made 106

commissioners appointed upon 107

Arson :

in second degree, defined 224

in third degree, defined 224

Assessment of property of consolidated corporations 86

Attorney-General :

may apply to have receiver removed 165

papers in dissolution proceedings to be served on 165

Baggage :

checks for 73

checks of connecting steamboat lines to be furnished 75

moneys arising from sale of unclaimed 74

must be delivered without delay 73

290 Index.

Baggage — ( Continued) : paok.

notice of unclaimed, to be published 74

penalty for refusal to furnish checks 75

penalties forinjuries to 74

penalty for refusal to accept 73

perishable, to be sold without notice 74

sale of unclaimed 74

unclaimed 74

Banking powers, prohibition of 11

Bills of lading :

erroneous, issue of, not criminal 241

issue of fictitious, how punished 241

Board of railroad commissioners :

acts prohibited 130

additional ofBcers of, their duties 124

annual report of :

contents of 129

publication and distribution of 129

when made 129

application to, for permission to cease operations during winter

months 79

appointment of 123

approval of abandonment of part of route by 102

certificate of, for construction of railroad 82

certified copies of papers filed with, to be evidence 129-30

corporations must furnish information to 128

duties of secretary of 123, 124

employes of, punishment for wrongful acts 231

eligibility of commissioners 124

eligibility of employes of 124

examinations and investigations by 125

expense of, to be borne by railroad 130, 131

fees of witnesses before 128

fees charged by 128, 129

general powers and duties of 125

hearing upon proposed change of railroad law 126

investigation of accidents by ' 126

legal effect of recommendations and action of 128

maps, profiles and drawings to be transmitted to 55

may approve safeguards 78

may require copies of books to be sent to them 127

meetings of 125

misconduct of, when criminal 231

not to collect fees from certain officers 129

oath of 124

order of 79

powers of. as to lighting and ventilating tunnels 193, 195

prescribe form of reports of railroad corporations 126

preserve reports of corporations 126

Index. 291

Board of railroad commissioners — ( Continued) : page.

principal office of 125

quorum of 125

recommendation of :

when law has been violated 127-

when repairs are necessary 127

salaries and expenses of members and officers of 130

secretary and marshal 123

seal of 125

subpcenas issued by 128

supreme court may compel compliance with recommendations of, 128

suspension from office of 123

term of office of 123

to pay fees into treasury 129

unlawful offer to, misdemeanor 230

Bonds :

acquirement of, by another corporation 40

consideration for issue of 41

guarantee of, by another corporation 40

. guarantee of, by street surface railway corporation 101

of commissioners appointed upon application for railway 107

of consolidated corporations : 85

issue of 41, 64

making of, not negotiable 172, 173

overissue of, liability of directors for 35

payable beyond expiration of corporate existence 16

payments of, when held by municipal corporations 217

reissue of, when held by municipal corporations 218

sale or exchange of, when held by municipal corporations 216

town bonding acts 213, 218

Books :

of subscription, to be opened by commissioners upon incorpora-
tion of street surface railroads ill

of street surface corporations, open to inspection of comptroller. . . 97

Books to be kept :

account books ^"^

stock books 37

contents of ^'^

entry of transfer of stock in 37

open daily 37

presumptive evidence 37

penalty for not keeping 37

penalty for illegal acts in relation to 37

transfer books, to be exhibited ^6

Borrow, power to ^^> ^^' ^*

Brake :

kind to be used '^'^

penalty for not using '^'^

292 Index.

Bridge : faqb.

failure to place guard-posts in, when criminal 232

right to cross, by street surface railroads 105

Building, defined 225

Burglary :

building, defined 225

in third degree, defined 224

in third degree, how punished 225

Business of corporation, defined 5

By-laws :

control action of directors 8

directors may make 15

making of 8

when to be published 8

Canada thistles to be cut 78

Canal commissioners, power in relation to railroads near canals 152

Canals, corporation owning, may open railroad instead of 155

Capital stock :

increase of.' 49

when reduced by cancellation 41

increase or reduction of 43, 44

meeting for, how authorized 42

meeting for, how conducted 42

meeting for, certificate of 42

notice of meeting for 42

publication of notice of meeting for 42

upon consolidation of corporations owning continuous lines 83

(See stock.)
Cars, sleeping or parlor :

compensation for extra accommodations 72

contract for hauling 72

Cemeteries, roads not to be laid through 153

Certificate :

alteration or extension of business 39

approval of, by certain oflBcers 43

false, liability for 38

for extension of corporate existence 16

increase or reduction of capital stock 42

new in place of lost 45

of foreign corporations 9

of board of railroad commissioners, annexed to certificate of

incorporation 52

of board of railroad commissioners for construction of road 82

of board of railroad commissioners in regard to extension by

reorganized corporation 90

of stock issued upon foreclosure in certain cases 90

proof before granted 9

Index. 293

Certificate of incorporation : jaob.

affidavit annexed to 52

amended 6

so as to terminate road at intersection of other roads 60

so as to allow use of common routes 61

by whom executed 5

destroyed 7

filing of, when void 52

lost 7

may provide method of voting 11

supplemental 6, 52

what to contain .' . . . 51

where to be filed and recorded 6

Challenges, oaths required 12

Change of route, grade or terminus 59

Charter, effect of dissolution, as to consent 103

Chattel mortgages, by railroad corporations, where filed 173

Chautauqua assembly grounds, no railroad through, without consent

of trustees 57

Checks for baggage 73, 75

Children not to ride on steps of cars 190

Cities, street surface railroads to pay percentage of receipts to 97

Classification of corporations 4

Combinations prohibited 33

Commissioners in condemnation proceedings 136, 137

Commissioners under article five of railroad law :

adoption of plans by 108

appointment of 107

compensation of 116

damages, ascertainment by 109

determination of necessity of railroads 107

first meeting of ■ — 107

fix terms upon which road may be built 108, 109

may select routes 109

may change routes and plans 109

oath and bond of 107

open books of subscription m

quorum ot '• ^^^

removal of ^^^

terms of office of ^^^

to file report 1^^

to pay to treasurer moneys collected 114

to transfer plans upon organization H*

to deliver certificates to directors when elected 112

vacancies, how filled ^i°

107

what to determine

Commissioners to determine location of route :

compensation of

determination of, to be filed °^

determination of, appeal from ^^

294 Index.

Commissioners to determine location of route — (Continued) : paok.

how appointed 54

to determine compensation for intersection of other railroad 59

Common carriers :

not to discriminate on account of color 240

refusing to receive guests 240

rights and liabilities as 76

use of force in expelling passengers 224

Company, defined 227

Comptroller, approval of certificate by 43

duties of, in relation to collection of taxes 199, 206

upon failure to pay tax, to examine corporation 203

Condemnation law :

acts repealed by 142

effect of 142

title of 132

when to take effect 142

Condemnation of real property :

abandonment of proceedings for by plaintiff 138

acceptance of offer to purchase in proceedings for 137

answer to petition 135

adverse and conflicting claimants 140

appearance of parties 134

appeal from final order 139

appeal from judgment in favor of defendant 139

commissioners, duties of 136

compensation awarded 138

confirmation of report 137

costs and allowances 137, 138

disturbance of possession 140

entry by plaintiff, by order of court 141

final order in proceedings for 137

guardian, when to be appointed 134

judgment to be docketed 138

new appraisal in proceedings for 140

notice of presentation of petition 133

offer to purchase by plaintiff. 137

order in proceedings 142

papers, service of 134

pendency of proceedings, notice of 141

petition to court for 133

proceedings for. when to be instituted 55

provisions of other laws applicable to proceedings for 135

rehearing before commissioners 137

report of commissioners 137

service of notice in proceedings for 134

trial, in proceedings for , 135

writ of assistance, issue of i38

when property to be acquired 56, 57

Index. 295

Conditional sales : ' Piou.

act in relation to, certain contracts excepted from 178

contract for 178

where filed 178

of railroad equipment 176

Conductor :

must wear badge 73

who may be 73

Connecting railroads :

board of railroad commissioners, powers as to 70

decisions of board binding upon 70

grant of accommodations to 59

Consent :

application for, to be published 92

conditions upon which procured 93

of property owners and local authorities for construction of street

surface railroads 92

of property owners and local authorities upon application of rail-
road in cities 108

ratification of, in case of street surface railroads 104

Consolidation of corporations, owning continuous line :

' agreement for 84

how made 83, 84

of parallel lines prohibited 89

of street railways, consent of local authorities to 94

rights of creditors, not to be impaired 86

Construction of road :

by individuals, joint-stock association or corporation 54

consent of property owners 54

extension of time for, by street railway corporation 99

in other states, by two-thirds vote of directors 60

of street surface railroad, when completed 99

of street surface railroad over bridge ; 101

of street surface railroad, where other road is built 101

Corporate laws :

defined , 5

conflicting, which to prevail ^ 17

Corporations :

acquirement of stock and bonds of other corporations 40

certificate of ■ 51

consolidation of, owning continuous lines 83

consolidated powers of i 85

change of name of 161

examination of, in criminal proceedings 220

fine of, upon criminal conviction 222

frauds in organization of, how punished 234, 235

frauds in keeping accounts of 236

guarantee of bonds of another corporation 40

296 < Index.

Corporations — ( Continued) : page.

indictment of, form of 220, 221

liability of, for crime 223

for acts of receiver 32

officer of, director of another corporation 40

of same name prohibited 6

of other States, powers of 87

may hold railroad in this State 87

reorganized, may have same name 6

Costs, in condemnation proceedings 137

County roads, construction of railroad on 156

County treasurer :

to notify collector of non-payment of taxes by railroad corporation, 197
to credit railroad corporation with payment of taxes 197

Couplers :

automatic, penalty for not using 77

failure to use, when criminal 233

Court of special sessions, jurisdiction of 219

Creditors :

allowance to, in winding up proceedings 170

claim of, in winding up proceedings, when barred 170

in winding up proceedings, to present claims 168

right to appeal in winding up proceedings 170

rights of, not impaired by consolidation 86

Crimes, committed on trains, where tried 219

Crossings :

flagman and sign-boards at 68

gates at 69

grade, locomotives must stop at 70

of horse railroad track 113

penalty for not stopping at grade 70

watchman at grade 70

Damages :

appraisal of, by commissioners 109

payment of, to owner of property 115

Debts:

may contract 29, 48

liability of directors for unauthorized debts 35

Deer, transportation of, when illegal 182

Deposits :

increased, when and how required ' 121

penalty in case of failure to make, by surface railroads 110

to be made by surface railroads 110

Directors :

acts, when void 34

affairs of corporation to be managed by 15

Index. 297

Directors — ( Continue^ : PiOB.

appointment of officers by 36

change of number of 34

cliange of route, grade or terminus by 59

conversion of debt into stock by 30, 48

defined 5

failure to elect, effect of 13

how chosen 33

liability of :

for failure to make report 38

for loans to stockholders 35

for unauthorized debts and over-issue of bonds 35

for unauthorized dividends 35

for unauthorized reduction of capital stock 35

locate road in another State by two-thirds vote 60

majority of, a quorum 15

misconduct of, how punished 235, 236

notice of election of 34

number annually elected 34

of surface railroads, how elected 112

affidavits made by 112

presumed to have knowledge of corporate condition 238

report signed by 38

subscription books may be opened by 48

special election of 13

trustees in case of dissolution 15

vacancies in board of, how filled 34

Dissolution of charter, sale of rights, privileges, etc., of street surface

railroad upon 103.

Dividends, liability of directors for unauthorized dividends 35

Domestic corporation :

acquisition of property in foreign States by 9

definition of 5

Elections :

change of time for holding, of certain railroad corporations 163

misconduct at, how punished 238

Electric railroads ^^

Electric light corporations, power of to build and maintain
railroads 65, 160

Elevated railroads :

abandonment of part of route by 159

hours of labor on ^^^

meeting for abandonment of part of route 159

misconduct of officials and employes of, how punished 231

Employes :

advising not to wear uniform, misdemeanor 224

cash payment of wages to ^'^^

298 Index.

Employes — (^Continued): page.

certain, must wear badges 73

compelling, not to join labor organization 223

intoxication of, when criminal 232

notice of indebtedness to, what to state 67

railroad company liable for wages due from contractors 67

service of notice of indebtedness 67

violation of duty, when criminal 232

wages of, preferred, upon appointment of receiver 167

Engineer :

liability of 230

persons unable to read, not to act as 231

when acts of, criminal 230

Evidence :

certified copies of papers filed with state board of railroad

commissioners 129, 130

certificate to be presumptive 7

stock books to be presumptive 37

Examination :

certificate of magistrate^on 220

of charge against corporation 220

Existence, corporate, how extended 16

when to cease 54

Explosives :

forwarding of, when criminal 225

placing of, near building, car, etc 226

Extensions :

consents of property owners to be obtained 98

determination of commissioners appointed by court taken in lieu

of consent 98

operation of branches and extensions by uncompleted road 104

percentage of gross receipts to be paid to city authorities by street

surface railroads in case of 97

reorganized railroad corporations 90

route over rivers by street surface railroads 98

time for construction of street surface railroads 99

time for performance of acts under article V 122

False certificates, liability of directors and ofQcers for 38

Pare:

extra, may be charged where ticket is not purchased 193

legislature may alter or reduce 72, 101

not more than one to be charged within city or village 100, 102

»n mountain railroads , 71

on New York Central railroad 71

passenger refusing to pay, may be ejected 72

penalty for excessive 72, 102

Index. 299

Fare — ( Continued): paoi;.

rates of, where motive power is rope or cable 71

rate of, by street surface roads 100

whien may be five cents 71

when not to exceed three cents per mile 71

Farm crossings, where constructed 67, 68

Fees:

charged by board of railroad commissioners 128, 129

collected by board to be paid into treasury 129

not to be charged in certain cases 129

of witnesses before board of railroad commissioners 128

Felony, placing explosives, etc 226

Fences :

height of 67

^ kindof 67, 68

liability for injury to live stock, if fences not in good repair 67

when not necessary 68

Ferries, railroad companies may establish 79

Fines, upon conviction of crimes 222, 223

Foreign corporations :

acquisition of real property by 10

in this state upon judicial sales by 10

certificate of authority to do business in this state 9

defined 5

not to do business without certificate 9

Foreign countries :

additional corporate powers of road 63

location of principal office in this state 64

may receive grants, etc., from 63

railroads in 63

Forest commission, powers of 182-183

Forest land, regulation of roads running through 184

Forfeiture :

of stock , 41-43

of corporate powers 16

Forgery :

defined 234

falsely indicating person as corporate officer, is 233

of passenger tickets 227

Franchises :

bond upon sale of, of street railroad 94, 147

.conditions upon sale of, of street railroad 94, 147

mortgage of ■ • • ■, 30, 48

sale of, general 32

sale of street railroad ■•■••• 93, 94, 146

Freight :

deposit of moneys upon sale of 74

interchange of, at Eouse's Point 187

300 Index.

Freight — ( Continued) : page.

notice of sale to be published 74

of connecting steamboat lines 76

perishable, sold without notice 74

rate from connecting steamboat lines 76

rate may be altered by legislature 72

received where roads cross or join 59

sale of unclaimed 74

Furnaces :

penalty for use of 78

use of, prohibited 78

Gates on elevated roads 121

opening and closing of 121

Grade, change of 59

Grand j ury, may proceed against corporation 221

Gross receipts, percentage of paid to cities, etc., by surface railroads. . 97
Guaranty of bonds of another corporation by street surface railroad
corporations 101

Gauge :

change of, authorized 158

increase of indebtedness for purpose of changing 158

Guard posts, failure to place in bridge, when criminal 232

Guardian, appointment of in condemnation proceedings 134

Heating, when method of, is criminal 232

Highways :

consent of commissioners to crossing 154

crossing of 154

may be laid across railroads 154

intersection of, additional lands for 58

construction of railroads upon 58

Hours of labor :

on elevated railroads 191-192

on street surface railroads 191-192

on steam surface railroads 192

Indian lands, contract for 57

Indictment of corporation :

form of _ 221

plea of guilty may be put in by counsel 220

Individuals may construct railroads 64

Inspectors :

appointment of 36

compensation of 36

Index. 301

Inspectors — (Continued) : p^ob.

may administer oaths 13

oath 36

oath to be filed 37

officers of monied corporations not eligible as 36

vacancies, how filled 36

Intersection of highways and streets 58

of other railroads 58, 59

freight at intersection of roads 59

Interstate commerce act :

advantage, undue or unreasonable forbidden 270

agents :

fine and imprisonment of 276

how punished for false billing 277

annual reports of the commission 281

of the commission to Congress 287

by carriers to commission 286

appeals to supreme court 282, 284

attorneys' fees 284

carriers :

subject to this act 269

to report to commission 286

charges to be reasonable 270

commission :

form of procedure 285

may prescribe method of keeping accounts 286

may inquire into business of carrier 279

may require attendance of witnesses, etc 279

may prescribe forms of schedules, etc 274

must enforce provisions of act 279

to make annual report to Congress 287

office of 285

salaries of commissioners 285

to be notified of advance or reduction in rates 273

to make advances or reductions public 273

members of, how appointed 278

common carriers :

liability of for damages 275

unjustly discriminating, how punished 278

commutation passenger tickets 287

complaints, how made 280

compliance with notice 281

copies :

of schedules of rates filed with commission 273

of contracts and agreements filed with commission 273

counsel fees ^^^

damages, liability of carriers for 275

discrimination from unjust forbidden 270

earnings, pooling and division of, forbidden 271

excursions ^'*'

302 Index.

Interstate commerce act — ( Continued) : page.

evidence 281

expenses of commission, how paid 285

facilities for interchange of traffic 270

false billing by shippers 277

fares and charges :

to be printed and posted 271

not to be deviated from 274

freights :

pooling of forbidden 271

carried through a foreign country, rates of to be printed and

posted 272

continuous 275

how carrier may be compelled to furnish cars 288

investigations by commission 280

joint rates 274

joint tariff to be filed with commission 273

jurisdiction of United States courts as to mandamus 288

liability of common carriers for damages 275

long and short haul provision 271

mandamus 288

mileage tickets 287

notice to be given of advance or reduction of rates 272

notice to carrier to cease from violation of act 281

notice to cease violation, how complied with 281

ofQoers may be compelled to testify 276

officers and agents violating act, how punished 276

officers and agents, how punished for false billine; 277

officers and employes 287

offices and supplies for commission 285

official seal of commission 285

passes 287

penalties for false billing by carriers or shippers 277

penalties for neglecting or refusing to file or publish rates 274

pending litigation not affected by act 287

petition, how heard and determined 282

petition to United States courts in cases of disobedience to order

of commission 282, 284

persons and property may be carried free or at reduced rates 287

persons damaged may complain to commission 276

persons may bring suit in United States courts 276

person inducing carrier to discriminate unjustly, jointly liable for

damages 278

power of commission to prescribe publicity 273

power of commission as to attendance of witnesses and production

of books and papers 279

preference or undue or unreasonable advantage forbidden 270

principal office of commission 286

printing and posting of schedules of rates, fares and charges 271

publication and distribution of annual reports 281

Index. 303

Interstate commerce act — (Continued) : page.

punishment for refusal to testify or produce books and papers 280

rates :

advance in, ten days' public notice to be given of 273

as published, not to be deviated from 272

reduction in, three days' public notice to be given of 272

to be printed and posted 272

rates, fares and charges may be prescribed by commission 274

rates, fares and charges, penalty for not filing or publishing 274

railroad, what to include 269

refusal to testify, how punished 280

reparation by carrier 281

reports and decisions of commission 281

reports, when to be competent evidence 281

schedule of rates on freight carried through a foreign country to

be printed and posted 272

secretary of commission 285

sessions of the commission 285

suits may be brought in United States courts 286

terms <5f commissioners 278

transportation, what to include 269

transportation for officers and employes 287

trial 284

violation of act 276

when trial by jury is necessary 284

witnesses fees 285

writs :

of injunction or of other process, against carriers 282

ofoperemptory mandamus 288

punishment for refusal to obey 282

Judgment :

in condemnation proceedings 135

to be docketed 138

Lauds:

Indian, contract for 57

public, grant of ^"^

Laws:

conflicting, which to prevail • 1'^

repealed ^^

repeal, schedule of 20-28

1855, chapter 300 revived ^^

Lease of railroad :

how authorized

how executed • ■

notice of meeting for '• • • : ' °^

of parallel lines prohibited ^^

304 Index.

Lessee : page.

may take stock of leased road 89

to take franchise when all the stock is transferred 89

Liability :

of corporations to employes of contractor 66

of reorganized corporations 90

Liens :

discharge of record 175

how long to continue 175

mechanics, extended to railroad bridges and trestle work 174

notice of, when to be filed 174

on rolling stock, etc 174

priority of 175

Loans, liability of directors for loans to stockholders 35

Location of route. (See route.)

M.
Mails :

railroad to convey 80

regulations for conveyance of 80

price for conveyance of 80

Management of road :

alteration of signal lights, etc., how punished 228

disinfection of cars, where diseased animals have been transported, 185

employment of person addicted to drink 189

hours of labor on railroads 192, 193

injuries to property of railroad, how punished 237, 239

oil to be burned in cars, quality of 190

roads running through forest lands, regulations respecting . . . 183, 184

sale of tickets by unauthorized agents restricted 228, 229

transportation of deer, when illegal 182

transportation of woodcock and grouse, when illegal 182

when extra fare may be exacted 193

when hermetically sealed caskets are required , 185

Maps and profiles :

notice of filing of, to be given 54

to be filed with clerk of county 54

to be transmitted to board of railroad commissioners 55

to be filed with board, when part of road is used 56

Mechanics liens, extended to railroad bridges and trestle work 174

Member of corporation defined 5

Membership corporations classified 4

Milk-cans :

agents to collect X88

power of agent to collect jgg

Mixed corporations, classified and defined 4 5

Monied corporations :

defined 5

officers of, not eligible as inspectors 3g

Monopolies, oombinations for creations of, prohibited 33

Index. 305

Mortgage: p^^^.

after foreclosure, issue of stock certificates 90

chattel, by railroad corporation, where filed 173

how foreclosed, when made by consolidated railroads partly in

the State 87

railroad corporations may 54

upon foreclosure, the mortgagee may purchase 90

N.
Name:

change of, of corporation.: 161

pending suits not affected by change of 162

petition for change of 161

order of court changing 162

when change of, to take effect 162

Niagara Falls power company, power of, in relation to railroad
property 157

Non-stock corporations, classified i

limitation upon amount of property of 8

Note:

corporation not to discount or receive, in certain cases 35, 36

Notice for election of directors 34

of meeting to increase or reduce capital stock 42

of time of starting train 59

of intention to open street or highway across railway 154

service of, in condemnation proceedings 134

to change number of directors 34

to creditors, in proceedings for sale of corporate real property 134

Oaths :

of inspector 36

of commissioners appointed upon application for railway 107

Obligations, amount of issued in outstanding, limited 30, 48

OfBce of corporation :

defined 5

location of, of stock corporation 5

Oflflcers :

appointment of 36

liability of, for false certificates, reports or public notices 38

of monied corporations, not eligible as inspectors 36

policyholders of insurance corporation eligible as 36

removal of ^®

securities

Oil, what, may be burned in cars 190

Operations of railroad, when may cease during winter months 79

Organization:

frauds in, how punished ■■■■■■■ 234, 235

306 Index.

Organization — ( Continued) : page.

of street surface railroad corporations 112

tax upon privilege of •' 208

Owner, as used in condemnation law, defined 132

Parades, not to interfere with passage of trains 189

Parks, railways not to be constructed in 105, 108, 113

Passenger tickets :

conspiring to sell, in violation of law, how punished 229

forgery of 227

oflQce for keeping unlawful sale of, disorderly house 229

sale of, when criminal 226

by unauthorized agents, restricted 228, 229

who may sell 230

Payments :

percentage gross receipts in cities or villages 97

penalty for failure to pay percentage gross receipts 98

Penalty :

for railroad corporation, not carrying street across track 154

for failure to make weekly payment of wages 180

for failure to pay percentage gross receipts to city authorities 98

for violation of city ordinance by agents of street surface corpora-
tions 99

for overcharge of fare by street surface railroads 103

for violation of article 5 of railroad law 132

for acts prohibited to railroad commissioners and employes 130

for injuries to baggage 74

for refusal to furnish tickets for connecting steamboat lines 75

for use of stoves or furnaces in cars 78

for neglect to file report 38

for not keeping stock books 37

for illegal acts in relation to stock books 37

for prohibited transfer 44

for refusal to exhibit transfer book 46

for refusal to make financial statement 46

Perjury, false swearing in winding up proceeding 171

Person :

as used in condemnation law, defined 132

to be designated by foreign corporation for service of process on. . 10

Petition :

for sale of corporate real property 143

in condemnation proceedings 132

notice of presentation of, in condemnation proceedings 133

to supreme court to examine route, what to contain 54

Pipe line corporations, misconduct of offtcers and agents of 237

Plans, adoption of, for street railways lOg

Index. 307

Platforms: p^^e.

how to be constructed 232

riding on, contrary to printed notices at risk of passengers 79

Pledgor of stock, deemed owner for certain purposes 11

Policemen :

conductors and brakemen may be appointed as 81

shall wear shield 81

to take constitutional oath 81

Policyholders, of insurance corporations, eligible as officers 34, 36

Powers of corporations :

acquisition of property 8

appointment of officers 8

by-laws 8

common seal 8

prohibition of other than statutory 7

prohibition of banking 11

succession 8

Powers of railroad corporations :

acquisition of real property 53

additional conferred 52

construction of road 53

corporate, when to cease 54

enter upon lands for survey 52

erect and maintain stations and buildings 53

intersect other railroads, streams, highways, plankroads, turnpikes

and canals 53

publication of certificate, before exercising 81

purchase lands and stock in other states 53, 54

regulate time and manner of transportation 53

transport persons and property 53

Preferences, not to be given in transaction of business by railroad — 69

Proceedings for condemnation of real property, when to be instituted, 55
Process, person to be designated by foreign corporation for service

of on 10

Property :

acquisition in foreign states 9

mortgage of 30, 48, 54

of non-stock corporation, how computed 8

owners, consent of, for construction of street railway 92

sale of • 32

transfer to officers, whenprohibited 43

Proxies :

for how long valid l^

to be in writing ^^

who may vote by

Public buildings, railway not to be constructed upon grounds of. . 105, 108

308 Index.

Public lands : f*""-

acquired by condemnation ^"^

compensation for "

grant of, to railroad corporations 57

Qualification of members as voters 11

Bailroad :

lease of, by another corporation 88

may cease operations during winter months 79

to be used only during June, July, August and September, to be of
certain length 65

Railroad commissioners. (See Board of Railroad Commissioners.)

Bailroad commissioners in towns :

appointment of 215

abolition of 215

accounts and loans of 217

annual report of 217

oath of 216

undertaking of 216

Bails :

center bearing prohibited 105

weight of 67

Bapid transit act - 243-268

acquisition of real estate 259

acts repealed by 266

appointment of commissioners 243

appropriation for board 252

board to determine necessity of routes 244

by-laws and rules of board 244

by-laws of corporation 254

carrying of mails by corporations 262

commissioners to determine necessity of route 247

connection routes, fixing of 263

consents of local authorities 247

consents of property owners 247

construction of act 265

conveyance of freight and passengers 262

crossing or coincidence of route with another railroad 265

decision of general term in lieu of consents 247

dissolution of corporation by legislature 263

ejection of passengers from cars t 262

election of directors of corporations 254

elevated railway, when may be constructed in lieu of bridge

approaches '. 266, 267

first meeting of board 244

general plan of construction 244

increase or reduction of capital stock 258

Index. 309

Rapid transit act — ( Continued) : pabh.

intoxication of employes of corporation a misdemeanor 263

liability of stockholders in a fiduciary capacity 258

liability of corporation to employe 258 '

location of routes 244

modification of plans 256

oath of commissioners 243

ofQcers of board 252

organization of corporations 253

payment of stock of corporation 257

place of taxation of corporation 256

plans to be prepared 248

plans to be submitted to common council 246

powers of corporation formed under act 260

principal office of corporation 256

quorum of board 244

record of proceedings of meeting for organization 255

resale of franchise 251

sale of franchise, terms, etc 249

streets upon which roads not to be built 245

surface roads not to be constructed under 266

terminal facilities 264

transfer of stock in corporation • 258

tunnel routes 245

; vacancies in board of directors of corporation 257

when to take effect 266

willful injury to property.of corporation 263

Readjustment :

assent of stockholders to 32

time of assent to '. 33

Real property :

acquisition of, in this state by foreign, corporation 10

acquisition of, in this state by foreign corporation upon judicial

sales 10

acquisition of-, by railroad companies 53, 56

condemnation of 56, 57, 132

of another corporation, when not to be acquired by condemnation, 57

sale of corporate 1*3

when additional may be required 9

Receivers :

allowance to, in winding up proceedings 170

application for appointment of 163

application for appointment of, when made 166

attorney-general may apply to have removed 165

discharge of, in winding up proceedings 171

discharge or removal of 32

duties of ^^

duties of, in winding up proceedings 168, 169

leave to sue, in, winding up proceedings 172

310 Index.

Receivers — ( Continued) : pioa

order appointing 164

payment of subscription of stock to 41

possession of property by 32

suit against, when to be commenced 32

suits by, preference on court calendar 166

to be appointed in winding up proceedings 168

to close up affairs in one year 165

transfer of property of corporation to> 166

Becord of membership to be produced 12

Reorganization :

assent to plan of, by stockholders 32

assent to plan of, by municipal ofQcers 32

amount of bonds upon 32

amount of stock upon 32

certificate to be filed 30

certificate, what to contain 31

dividend preferences in 32

issue of stocks and bonds in conformity with plan of 32

plan or agreement 31

upon sale of corporate property and franchises 30

voting regulated 31

Report :

annual, to board of railroad commissioners to be made by corpora-
tion operating road 80

annual, of board of railroad commissioners 129

date of, may be changed 80

failure to make, for purposes of taxation 199

false, liability of directors for 38

further, when to be made 80

gross amount of receipts, to city authorities 97

of commissioners appointed upon application for surface railway. . 115

of commissioners in condemnation proceeding 137

penalty for neglect to file 38

signed by directors 38

to comptroller, for purposes of taxation 198

verification of 38

Restraint of trade :

combinations for, prohibited 33

Route:

change of, how made 56, 59

commissioners, who to be appointed 55

damage for crossing turnpike or plankroad 58

determination, appeal from 55

determination of, by commissioners to be filed 55

location of 54

maps of, to be filed before construction 54

notice of, to be given to occupants of lands 54

objections to, how made 54

Index. 311

Koute — ( Continued) ; Piou.

of surface railroads, selection' of. 109

of surface railroads, change of 109

of surface railroads, coinciding with another route 114

part of, in another state 60

petition to supreme court to appoint commissioners to examine ... 54

petition, what to contain 54

two roads may have same 61

Sales ; conditional, of railroad equipment 17&

Sale of corporate real property :

hearing on application for 144

notice to creditors on application for 144

petition to court for 143

powers of court in relation to 144, 145

service of notices in proceedings for 144

when may be made 143

Sand, use of, on tracks of street railroad 105, 150

Seal, corporation to have 8

Sections of article 5 of railroad law to be printed and posted 122

School taxes:

facilitation of payment of 210

valuation of property for purpose of assessment of 211

Sign boards, where placed and how constructed '. 68

Signals :

misdemeanors in relation to 228

warning, penalties for not using 77

Sleeping cars, charge for travel upon 72

Special felection of directors :

how conducted and where held 14

notice of, to be given 13

right to vote at, how determined 14

Speed, local authorities to regulate, in case of street surface roads — 99

Statement : >

of assets and liabilities :

penalty for neglect to make 46

time for making extended 46

to be exhibited to stockholders 46

of streets, roads and highways occupied by street surface railroads, 91
Stations, not to be discontinued without consent of board of railroad
commissioners ^^

Stock :

calls on, must be paid before transfer 40

cancellation of *1

consideration for issue of, 41

exchange of preferred for common 43

forfeiture of *^

312 Index.

Stock — ( Continued) : paqf.

fraudulent sale of, how punished 233

fraudulent issue of, how punished 234

increase of, when reduced by cancellation 41

may be fixed by by-laws 8

not to be issued for less than par value of 41

preferred and common 43

reissue of, upon forfeiture 41

represented by certificates 39

sale or exchange of, when held by municipal corporations k 216

subscriptions to 40

subscriptions to, when, how paid 41

transfer of, to be entered in stock book 37

transfer of, by stockholder indebted to corporation 36

Stock certificates, issue of, in certain cases, at the foreclosure of mort-
gage 90

Stock corporation law, what to apply to 29

Stock corporations :

classified 4

defined 5

when may acquire stock and bonds in other corporations 40

when may guarantee bonds in other corporations 40

when officer of, may be collector of in another corporation 40

Stockholders :

entitled to vote, when 11

executor, administrator, etc., not liable as 47

financial statement to 46

liabilities of 46

liability of, with respect to increased or reduced capital stock 42

liability of, for debts due employes 176

limitation of liability of 47

may assent to plan of readjustment 32

municipal corporations represented at meetings of 86

proposition for consolidation to be submitted to 84

Stoves :

penalty of for use of in cars 78

use of, in cars, when a misdemeanor 232

Streams :

navigable, crossing of or obstruction in. when to be made 58

to be restored to former state of usefulness 58

Streets :

repair of, by street surface railroads 99

upon which railways are not to be constructed 108

Street surface railroads :
Abandonment :

approval by railroad commissioners of declaration of 102

declaration of, how adopted 102

filing of declaration of 102

of part of route 102

Index. 313

street surface railroads— (ConMnMed);
Books :

PAGE.

to be kept by purchaser of franchise 94

subject to inspection of local authorities 94, 97

Buffalo, excepted from provisions of § 93 95, 96

bonds, guaranty of, by other corporation 101

bridge, right to cross 105

connection of, with ferry or depot 148

Consents :

condition upon which given 93

effect of dissolution of charter upon 103

for extension over rivers 98

for change of motive power 100

for construction of road in streets where other road is built, 101, 149

for operating of extensions and branches 104

for construction of, heretofore given 148

how procured 92

of property owners 92

of local authorities 92, 95

proceeding upon failure to obtain 96

consolidation of 148

construction of road in street where other road is built 101, 149

Charter :

dissolution of, effect upon consents 103

corporate rights in case of failure to complete road 103

Extension :

consents necessary for 98

operation of, consents necessary for -. 104

of route over rivers 98

of time to complete road 99

proceedings upon failure to obtain consents for 98

when not described in articles of association 158

Franchise :

conditions of sale of ,. 93, 94

cease unless road is built within certain time 99

forfeiture of 98

notice of sale of 94

purchaser of, must be corporation 93

sale of, at public auction 93

not to be made in certain cases 95

when required 1*6

who to conduct sale of 94

forfeiture of franchises 98

Fare:

contracting corporations to carry for one fare 102

penalty for refusal to carry for one fare 102

rate of ^^

right of legislature to regulate 101

gross receipts, percentage to be paid 97

314 Index.

street surface railroads — ( Continued) : pacfit

guarantee bonds of other roads 101

hours of labor on 191

Local authorities :

consents of, necessary 92, 98

consents of, how procured 92

consents of, when to determine 95

consents of, for operation of extensions and branches 104

condition upon which consent given 93, 95

defined 92

may inspect books 94

may require percentage of gross receipts 104

motive power 100

consent of property owners necessary to change of 100

property, value of, how ascertained 92

Property owners :

consents of -. 92, 98

for change of motive power 100

for operation of extensions and branches 104

proceedings upon failure to obtain consent of 96

Penalties :

for failure to pay percentage of gross earnings 94

for neglect, to repair streets 99

remove snow 99

for violation of ordinance in relation to rate of speed 99

for refusal to carry for one fare 102

for refusal to give transfer 102

parks, roads not to be constructed in 105

public buildings, roads not to be constructed upon grounds of 105

reports of gross receipts to city ofBcers 97

Route:

connection of with ferry or depot 148

extension of, over rivers 98

Boad:

construction of, in street where other road is built 101, 149

within what time to be built 99

rails, center bearing prohibited 105

Streets :

penalty for neglect to repair 99

repair of 99

Speed :

penalty for violation of ordinance in relation to rate of 99

rate of 99

Snow :

penalty for neglect to remove 99

removal of 99

sand, use of, upon tracks 105, 150

Tracks :

compensation for use of, how determined 99, lOl

use of, of other roads 98, 101

Index. 315

Street surface railroads — {Continued) : PAen
time within which road to be built 99

. wages, weekly payment of 180

Subscriptions, proportion to be paid ...:................. ... 40, 52

Summons :

form of 220

how served on corporation 220, 221

. Superintendent of public works :

assent of, for new line of road across canal 60

to have supervisory power over roads near canals 60

Supreme court:

may stay proceedings conclusively brought 15

may extend corporate existence 17

may direct sale of property 32

may order issue of new in place of lost certificate of stock 45

order of, to permit railroad in street or over navigable stream or

lake 58

powers of, respecting elections 14

Switches :

kind of, to be used 77

penalties for not using , 77

Taxes :

amount of, on corporate franchise 198

application of franchise 202

basis of franchise, of foreign corporation 203

franchise, rate of, on railroad corporations 201

when payable by railroad corporation 201

may be paid to collector 197

municipal, of railroad corporation, payable to county treasurer ... 214

• non-payment of 197

notice of settlement of, by comptroller 206

organization 208

railroad corporation may pay t» county treasurer 196

readjustment of accounts where illegally paid 207

recovery of, from delinquent corporations 209

school, facilitation of payment of 210

ten per cent to be added, if report is not made to comptroller 199

to be paid before certiflcate filed 6

to be credited 197

what corporations are exempt from franchise 202

when payable, if levied upon corporate franchise 201

upon franchise, how computed 200

Terminus, change of 59

Tickets :

of connecting steamboat lines maybe furnished , 75

penalty for refusal to furnish >. 76

316 Index.

PAOE.

Time, within which street surface railroad may be built 99

Tools, to be placed in passenger cars 77

Tracks :

compensation for use of, by other street surface roads 99, 101

use of, of other street surface roads 98

Trains :

elevated, to come to full stop 121

not to startuntil passengers leave 121

persons not to enter after notice the train is full 121

Tramps, entry of cars, etc., by 191

Transportation corporation, classified 4

Trunks and baggage. (See Unclaimed trunks and baggage.)
Tunnel railroads. (See Tunnels.)

Tunnels :

acquisition of title and easement for 61, 150

construction under street in cities 61, 62, 150

consent of property owners necessary for 62, 151

commissioners for determining advisability of construction of . . . . 62

liability for damages because of construction of 62, 152

power of railroad commissioners as to lighting and ventilation of, 193-5

Unclaimed trunks and baggage :

description of, to be entered 186

description of, to be published 186

expense, to be a lien on 187

inventory of 186

when to be examined 186

Vacancies :

directors 34

inspectors 36

Verification of pleadings in condemnation proceedings 135

Villages, local authorities of, may require payment of percentage of
gross receipts 97

Voters :

right of to vote, how determined 12

not to sell vote 11

qualification of members at 11

Wages :

cash payment of, by corporations 179

of employes, preferred, where receiver has been appointed 167

weekly payment of 180

Walking on track 79

Index. 317

Water:

H • 1 ■ PAGE.

arinking, to be placed in passenger cars 77

domestic, agricultural and manufacturing, when not to be taken

by condemnation 57

Weight of rail .....!!! ^ ".............!...... 67

Whirlpool Bridge Company, to have certain powers accorded to rail-
way corporations 155 156

Winding up proceedings :

allowance to receiver in 170

appeal by creditor In 170

claim of creditor In, when barred 170

creditors in, notice to 168

discharge of receiver in 171

duty of attorney-general in relation to 167

duties of receiver in 168, 169

false swearing in 171

inventory in 168

leave to sue receiver in 172

oath in, by whom administered 171

subpoenas In, by whom issued 171

suit for, where brought 167

Witnesses, fees of, before Board of Eailroad Commissioners 128

Woodcock, transportation of, when illegal, 182

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Full text of "General railroad laws of the State of New York : including the general corporation law, the stock corporation law, the railroad law and the condemnation law ... enacted by the legislatures of 1890 and 1892 ..."

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